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ORDINANCES AND CHARTER 


OF THE 


CIVY OF DURHAM 


CHARTER 


CHAPTER 235, PRIVATE LAws oF 1899 
CHAPTER 178, PrivaTE Laws oF 1901 
CHAPTER 357, PRIVATE LAws OF 1901 
CHAPTER 211, PrivaTE Laws oF 1903 
CHAPTER 76, PRIVATE Laws oF 1905 
CHAPTER 199, PrivaTE Laws oF 1905 
CHAPTER 365, PrivaTEe Laws oF 1907 


ORDINANCES 


REVISED AND ADOPTED BY THE BOARD OF ALDERMEN 
OF THE CITY OF DURHAM, N. C., THE 
7TH DAY OF DECEMBER, 1914 


DurRHAM, N. C. 
THE SEEMAN PRINTERY 
1914 


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THE BOARD OF ALDERMEN OF THE CITY OF 
DURHAM DO ORDAIN THE FOLLOWING 


ORDINANCES 


FOR THE 


CITY OF DURHAM 


CHAPTERS: 
RULES FOR THE GOVERNMENT OF THE BOARD OF ALDERMEN 


Section 1. There shall be regular meetings of the Board 
of Aldermen at their office on the first and third Monday 
nights of each month: Provided, That instead of meeting 
on the first Monday night of the month of May in the year 
ef an election for municipal officers of the City of Durham, 
the said Board shall meet on Wednesday night after the 
first Monday in said month. The Mayor, or a majority of 
the Board, may call a special meeting in case of emergency, 
but no business shall be transacted at such meeting except that 
for which it was called. Five members of the Board shall 
constitute a quorum. If a quorum fail to attend, the meet- 
ing shall stand adjourned to a day agreed on by a majority 
of the members present. 


Sec. 2. When a regular meeting shall be organized, the 
order of business shall be as follows: 1. Reading the pro- 
ceedings of the last meeting, unless dispensed with by general 
consent. 2. Corrections, if any to be made. 3. Reports of 
committees: (a) Finance Committee; (b) Committee on 
Claims; (c) Market House Committee; (d) Street Committee ; 
(e) Light Committee; (f) Water Committee; (g) Police Com- 
mittee; (h) Cemetery Committee. 4. Report of Chief of 
Police. 5. Report of Health Officer. 6. Reports of any spe- 
cial committees. 7. Unfinished business. 8. Reading any 


Regular and spe- 
cial meeting the 
the Board of Al 
dermen. 


Order of busi- 
ness. 


Mayor decides 
questions of or- 
er. 


Previous ques- 
tions. 


Ayes and noes. 


Motion to ad- 
journ always in 
order. 


Motions in order 
when question is 
under considera- 
tion. 


Questions di- 
vided. 


Amendments, 


etc. 


ORDINANCES OF THE 


communication by the Clerk. 9. New business. If the 
Board direct any matter to be the special business of a 
future meeting, the same shall have precedence over all other 
business at such meeting. No proposition shall be entertain- 
ed by the Mayor until it has been seconded, and every propo- 
sition shall, when required by the Mayor or a member, be 
reduced to writing. 


Sec. 3. The Mayor shall preserve order and decide 
all questions of order, but any member may appeal to the 
Board from the decision of the Mayor upon any question 
of order, and on such appeal no Alderman shall speak 
more than once, without leave, nor longer than three min- 
utes. 


Sec. 4. The previous question may be called at any 
time by a majority of the members present. ‘The ayes 
and noes may be called for by any member. 


Sec. 5. A motion to adjourn shall always be in order, 
and shall be decided without debate. 


Src. 6. When a question is under consideration, no mo- 
tion shall be received except as follows: To lay on the table; 
toa postpone to a time certain; to postpone indefinitely; to re- 
fer to a committee ; to amend; to divide, and a motion to strike 
out and insert. Motions for any of these purposes shall have 
precedence in the order named. 


Sec. 7. If a question under discussion contains several 
distinct propositions, the same shall be divided at the request 
of any member and a vote taken separately. 


Sec. 8. All amendments shall be considered in the order 
in which they are moved. When a proposed amendment is 
under consideration, a motion to amend the same may be 
made. No further amendment to such second amendment 
shall be in order; but when an amendment to an amendment is 
under consideration, a substitute to the whole matter may be 
received. No proposition on a subject different from the one 
under consideration shall be received under color of a sub- 
stitute. 


City oF DurHAam 


Sec. 9. No question decided by the Board shall be again 
brought forward at any subsequent meeting, except upon a 
motion for reconsideration made by some member voting with 
the majority. A motion to reconsider a vote shall not be 
in order except at the same or the succeeding meeting to that at 
which the vote was taken: Provided, That a vote or question 
may be reconsidered at any time by the vote of two-thirds 
of the Board. 


Sec. 10. Every ordinance shall be in force from its pas- 
sage, unless otherwise -ordered. 


Sec. 11. All elections by the Board shall be made by bal- 
lot, if required by any two members present. A majority of 
all the members present shall be necessary to make an election 
or appointment. 


Sec. 12. All special committees shall, unless otherwise 
ordered, be appointed by the Mayor. 


Sec. 13. The standing committees shall be as follows, 
elected by the Board by ballot, unless otherwise specified: 
Committee of two on Finance; Committee of two on Claims; 
Committee of three on Streets; Committee of three on Market; 
Committee of three on Water; Committee of three on Fire 
Department ; Committee of two on Lights; Committee of two 
on Cemetery ; Committee of two on Police; Committee of two 
on Public Health, appointed as hereinafter provided. 


Sec. 14. The reports of all committees shall be in writ- 
ing. All reports recommending or requiring any action or ex- 
pression of opinion by the Board, shall be accompanied by a 
corresponding resolution. 


Sec. 15. All applications and petitions to the Board shall 
be read and laid on the table, subject to any motion which an 
Alderman may think proper to make. All such applications 
and petitions shall be presented through the Clerk of the 
Board. 


Sec. 16. Resignation of members of the Board of Al- 
dermen shall be in writing, and any resignation shall lie on 
the table until the next regular meeting. 


Reconsideration 


Ordinance in 
force from pas- 
sage. 


Elections by bal- 
lot. 


Special commit- 
tees appointed 
by Mayor. 


Standing com- 
mittees. 


Report of com- 
mittees. 


Applications and 
petitions. 


Resignation of 
members. 


8 


Money appro- 


priated or ordi- 


nance repealed 
only at regular 
meeting. 


City Clerk. 


ORDINANCES OF THE 


Src. 17. No proposition to appropriate money, to alter 
or repeal any ordinance or rule of the Board, or to enact any 
new ordinance, or to establish any new rule, or to elect any 
officer shall be made or decided at any other than a regular 
meeting. 


Src. 18. That whenever an alderman addresses the Board 
he shall do so in a standing position and no alderman shall 
be allowed to speak more than five minutes on any question, 
except by the consent of the Mayor. 


: CHAPTER II. 
DUTIES OF OFFICERS AND COMMITTEES 


Section 1. The City Clerk shall keep safely the books, 
papers, records and journals of the city, and record all the 
proceedings and acts of the Board of Aldermen. He shall, 
under the direction of the Board of Aldermen, make out the 
tax lists according to the provisions of the City Charter and 
perform such other duties as the Aldermen may prescribe. 
He shall receive such compensation as the Board shall allow, 
and shall give a justified and satisfactory bond in the sum 
of five hundred dollars, for the faithful performance of his 
duties. 


Sec. 2. The City Bookkeeper shall keep the books of the 
city in accordance with the system approved by the Board of 
Aldermen. He shall also be Assistant City Clerk, and in the 
absence of the City Clerk, shall perform all the duties per- 
taining to that office. He shall perform such other duties as 
the Aldermen may prescribe and shall receive such compensa- 
tion as the Board shall allow. He shall give a justified and sat- 
isfactory bond payable to the City of Durham in the sum 
of five hundred dollars for the faithful performance of his 
duties. 


Src. 3. The City Treasurer shall receive all moneys due 
the city or by law payable to him and receipt for the same. 
He shall pay out no money, except on presentation of proper 
vouchers authorized by the Aldermen. He shall make a 


City or DturHam 


monthly statement to the Board of Aldermen showing 
amounts received, and from what source, and amounts disburs- 
ed, accompanied by vouchers for the same, and condition of 
funds on hand. He shall receive such compensation as the 
Board shall allow, or is otherwise fixed by law, and shall give 
a justified and satisfactory bond in the sum of twenty-five 
thousand dollars, for the faithful discharge of his duties. 


Sec. 4. The Chief of Police shall collect all the taxes due 
the City, except as otherwise provided for; and in such ca- 
pacity of tax collector shall have all the power and authori- 
ty which the sheriff has in the collection of State taxes. 


He shall issue licenses for all special taxes provided for 


in the Charter and the Ordinances of the City, except as 


otherwise provided for by law. 


He shall render monthly to the Board of Aldermen a state- 
ment in writing designating all ordinances which have been 
violated and the disposition of each such case. 


Sec. 5. The City Attorney shall be the legal adviser of 
‘the Board of Aldermen and the Mayor. He shall be elected 
by the Board of Aldermen at their first annual meeting in 
May, and shall receive such compensation as the Board may 
allow. 


Sec. 6.. The Finance Committee shall perform the du- 
ties hereinafter indicated, and shall have, under the authority 
of the Board, general control of the finances of the city. 
It shall receive the reports of the City Treasurer, examine 
his books and vouchers; at all times carefully investigate the 
city’s financial condition, negotiate necessary loans under the 
direction of the Board, and recommend all expenditures of 
money, not otherwise provided for. 


Sec. 7. Claims against the city for goods furnished, ser- 
vices rendered, and all claims of whatever kind, shall be pre- 
sented to the Claims Committee, which shall examine all the 
said claims and bills, and the evidence thereof, and shall re- 
port thereon to the Board, classifying the various claims and 
recommending the acceptance or rejection, or further inquiry 
into each. 


City Attorney. 


Finance commit- 
tee. 


Claims commit- 
tee. 


10 


Fire committee. 


Street commit- 
tee, 


Market commit- 
tee. 


Water commit- 
tee. 


Light committee 


Cemetery com- 
mittee, 


Police committee. 


ORDINANCES OF THE 


Sec. 8. The Fire Committee shall perform the duties 
hereinafter set out under the chapter entitled “The Fire De- 
partment.” 


Sec. 9. The Street Committee shall perform the duties 
hereinafter set out in the chapter entitled “Streets and Street 
Commissioner.” To it shall be referred all petitions for new 
streets; the alteration or change of streets or sidewalks or 
the grade of either. It shall examine and have control of the 
private sewers of the city. 


Sec. 10. The Committee on the Market shall have gen- 
eral control of the market house; shall make frequent inves- 
tigation as to its condition and conduct, and shall perform the 
duties hereinafter set out in the chapter entitled “Market 
House.” All petitions and requests relative to the market 
shall be referred to it. 


Sec. 11. The Committee on Water shall have general con- 
trol and supervision of the water supply of the city; it shall 
make frequent examinations of the condition and manage- 
ment of the waterworks, pipes, reservoir and hydrants. All 
petitions relative to the water of the city shall be referred 
to 1t. 


Sec. 12. The Light Committee shall have general con- 
trol of the lights for the streets and buildings or halls owned 
cr used by the city and perform such other duties as shall 
be lawfully prescribed. 


Src. 13. The Cemetery Committee shall have general con- 
trol of the cemetery, shall visit and inspect the same and per- 
form the other duties prescribed in the Charter and Ordi- 
tances of the city. 


Sec. 14. ‘The Police Committee shall have general control 
of the Police Department, supervise and inspect the police 
station and guard house and perform such other duties as 
may be prescribed by the Board. 


Sec. 15. The Committee on Public Health shall consist 
cf two members to be appointed by the Mayor and to 


this Committee shall be referred all questions coming before 


the Board of Aldermen relating to public health and said 


City oF DurHam 


Committee shall pass on and report to the Board of Alder- 
men all appropriations made for the Board of Health of the 
City of Durham. 


Sec. 16. The Clerk of the Market, with the advice and 
the direction of the Committee on the Market, shall have 
control of the market house of the city, and shall perform 
all the duties indicated in, and see to the observation of all the 
crdinances of the chapter entitled, “The Market and Scales.” 
He shall have all the powers and authority of a policeman 
of the city to make arrests anywhere for the violation of any 
ordinances of the chapter entitled, “The Market and Scales.” 
oi the city scales and make monthly returns to the Board. 
He shall receive such compensation as the Board may see 
fit; and shall give a bond justified and satisfactory to the 
Board, in the sum of three hundred dollars, for the faith- 
ful performance of his duties. 


CHAPTER III. 
CONCERNING THE STREETS AND STREET COMMISSIONER 


SEcTION 1. At the first regular meeting of the Board of 


11 


Market Clerk. 


Election of 
Street Commis 


Aldermen in May of each year, or as soon thereafter as may sioner. 


be determined by the Board, there shall be elected by the 
Board of Aldermen a Street Commissioner, who shall give a 
bond of five hundred dollars for the faithful performance 
of his duties. His salary shall be fixed by the Board of 
Aldermen. 


Sec. 2. The Street Commissioner shall employ and sup- 
erintend all the laborers required by the City to work upon the 
streets and other public highways. He shall hire foremen, at 
prices to be agreed upon, to work and superintend laborers 
in his absence. He shall make requisitions upon the City Pur- 
chasing Agent for all supplies for his department. He shall 
report to the Purchasing Agent each week the time that 
each employee has worked, the cost of the labor and ma- 
terial, and all other expenses incurred by him on account of 
the City. He shall certify to the correctness of all accounts 


12 


Occupants of lots 
to keep foot- 

ways, sidewalks 
and gutters open. 


Doors to cellars 
and.vaults kept 
closed. 


No obstruction 
beyond line of 
sidewalk. 


ORDINANCES OF THE 


due for labor, lumber and all other expenses incurred by him 
for the use of the City. He shall further perform all the 
duties imposed upon him in this chapter, and which may 
hereafter be imposed by the Board of Aldermen. 


Sec. 3. Every occupant of a lot on any street shall keep 
the footway or sidewalk clear, and the gutter open and free 
from obstruction as far as such lot extends. If any rubbish 
dirt, ashes or any other thing be placed or left, without law- 
fu) authority, upon such footway or sidewalk, or upon such 
gutter, the occupant of such lot shall remove the same; if 
twelve hours elapse after notice, oral or written, by the Chief 
of Police, or by the Street Commissioner, or by an Alder- 
man, without such removal, the occupant shall, upon convic- 
tion, be fined five dollars, and every additional twelve hours 
shall constitute a separate offense, subject to a like fine. 


Sec. 4. Every owner or occupant of a house on a street 
which has a cellar door or vault in a public footway, shall 
keep the same in good repair and shall keep the door closed 
at all times, or a guard stationed there to warn the public. 
If such owner or occupant shall, after being notified so to 
do by the Mayor, or by a member of the Committee on 
Streets, or by the Street Commissioner, or by the Chief of 
Police, either in person or through a policeman, fail for the 
space of three days to repair the same, he shall be fined five 
dollars; and every day that shall elapse thereafter, until the 
repair is made, shall constitute a distinct offense. If there 
be several owners of such house, it shall be sufficient to 
give the said notice to any one of them. If the owner be 
a nonresident, the notice may be given to his agent, or to 
the occupant of the house, and if either fail to comply with 
the provisions of this section, he shall be fined five dollars. 
If such owner or occupant leave the door open, in violation 
of this section, he shall be fined five dollars... 


SEc. 5. No person shall encroach upon the streets, by 
building or erecting any porch, stoop, paling, chimney, build- 
ing or other structure, beyond the line of the inner side of the 
sidewalk. Every person so offending, after being notified by 
the Mayor, Street Commissioner, or some member of the 
Street Committee, shall remove the said encroachment, and 


City or DurHam 


if he fail to do so for two days, it shall be removed by the 
Street Commissioner at the expense of the owner of the 
building, and said owner shall be fined one dollar a day for 
every day it remains after expiration of said time, and 
said expense shall be a lien upon the property in the same 
manner and to the same extent as taxes are. 


Sec. 6. No brick, stone, wood or other substance obstruct- 
ing the streets, shall be suffered to lie in the streets of the 
city; and no person shall place in any street or alley, or upon 
any sidewalk, any boxes, casks, crates, barrels, rubbish, trash 
or other obstruction: Provided, That this shall not apply to 
persons building. Every person offending against this provi- 
sion shall be fined five dollars for each and every offense, and 
a like sum for each and every day that such obstructions are 
permitted to remain. 


Sec. 7. No wood, coal, chips or trash accumulating from 
cutting wood, nor any trash, rubbish or dirt removed from 
any lot, cellar or other place, shall be permitted to remain on 
any street for a longer period than twenty-four hours after 
said wood, coal, chips or trash, rubbish or dirt, shall have 
been placed or deposited there; any person violating this 
section shall be fined one dollar, and such further sum as 
may be necessary to remove the same: Provided, That the 
owner of said wood, coal, chips or trash, rubbish or dirt, 
shall be considered the offender against this ordinance. 


Sec. 8. No person shall throw any glass or other sub- 
stances injurious to bicycle tires, or horse or cattle feet, on 
the streets or sidewalks of the city. Any person violating 
this ordinance shall, upon conviction, be fined five dollars for 
each offense. 


Sec. 9. No person shall throw any banana peeling, peanut 
hulls or other like substance upon the sidewalks of the city. 
Any person violating this ordinance shall, upon conviction, 
ke fined one dollar for each offense. 


Sec. 10. No produce, merchanidse, cook provisions, poul- 
iry, fruits, vegetables or other commodity shall be exposed 
for sale, or for advertisement, or as samples in or upon any 


13 


No substance — 
permitted to lie 
in streets. 


No trash or dirt 
permitted to re- 
main on streets 
more than 24 
hours. 


No substances in- 
jurious to bi- 
cycles allowed in 
streets. 


Banana peeling. 


14 


Trees may be 
planted. 


No animals fed 
on sticets or 
hitched to the 
sidewalks. 


No ditches or 
trenches digged, 


or trash deposit- 


ed, without per- 
mission or con- 
sent of Street 
Commissioner. 


No sand or dirt 
removed without 
permission, 


Persons doing 
business on cer- 
tain streets to 
clean and sweep 
trash away. 


ORDINANCES OF THE 


sidewalk, alley, gutter or street of the City on the space in 
front of any buildings (used as a sidewalk). 

Any person violating this ordinance shall, apon conviction, 
be fined one dollar for each offense; Provided, That the 
owner of said produce, merchandise, cook provisions, poul- 
iry, fruit, vegetables or other commodity shall be considered 
the offender under this section. 


Src. 11. The citizens of the city may plant trees in front 


of their lots according to directions of the Street Commis- 


sioner. If any person or corporation shall directly or indi- 
rectly cut, destroy or injure said trees, without permission 
from the Board of Aldermen, he or it shall, upon conviction, 
be fined five dollars. 


Sec. 12. If any person shall feed any horse, mule or 
other animal on any street, or shall hitch any of said animals 
to any shade trees in the city, he shall, upon conviction, be 
fined one dollar for each offense. 


Sec. 13. No person shall dig any ditch or trench across 
any street or sidewalk of, nor deposit any dirt, rubbish or 
trash taken from any cellar or other place upon, any of the 
streets in the City of Durham, without permission or consent 
of the Street Commissioner, and any person violating this 
section shall, upon conviction, be fined five dollars for each and 
every offense. 


Sec. 14. No person shall remove any sand or dirt from 
any of the streets, alleys or sidewalks in the City of Durham 
without the permission of the Street Commissioner, and any 
person violating this section shall, upon conviction, be fined 
five dollars. 


Sec. 15. Every person doing business on Main, Parrish, 
Peabody, Church, Mangum or Corcoran streets, shall, after 
closing ‘his place of business at night, or before 7 o'clock a. 
m. of each day, clean and sweep and sprinkle the trash and 
dirt from the sidewalk in front of his place of business, and 
so pile or arrange the same that it can be readily removed by 
the street cart, and any person violating this section shall, 
upon conviction, be fined five dollars for each offense. 


City or DurHam 


SEc. 16. No person shall deposit or throw or sweep any 
paper or unsightly trash or garbage upon the sidewalk or 
streets of the city, and any person violating this section shall, 
upon conviction, be fined one dollar. 


SEc. 17. No person shall lead, ride or drive any bicycle 
except in case of accident, horse or other animal upon any 
footway or sidewalk, except at a regular or established cross- 
ing, and then only for the purpose of going into or out 
of said lot; nor shall any person place on the footway or side- 
walk, of any public street any wheelbarrow, hand-cart, hand- 
carriage or other vehicle, except in passing directly across the 
footway, into or out of a house or lot. Any person violating 
this ordinance shall, upon conviction, be fined one dollar for 
such offense: Provided, Nothing in this section shall prevent 
the use, on such footway or sidewalk, of a hand-carriage 
to carry an infant or invalid. 


Sec. 18. No person shall drive any dray, cart or wagon 
in any public street faster than at the rate of four miles per 
hour, nor shall the driver of any vehicle on any street wan- 
tonly crack his whip, to the annoyance of others, nor suf- 
fer his vehicle to stand or pass on any street without holding 
the reins, except in the case of a wagon, cart or dray while 
delivering or receiving a load. When vehicles meet, each 
shall go to the right. Any person offending against any 
provision of this section shall, Hon conviction, be fined one 
collar for each offense. 


Sec. 19. No person shall ride or drive any horse or other 
animal in any street faster than at the rate of six miles per 
hour, nor break any horse or other animal, in any street. 
Any person violating this section shall, upon conviction, be 
fined five dollars for each offense. 


SEc. 20. No person shall stop or drive any wagon, car- 
riage, buggy, cart or other vehicle, drawn by horse or mule 
or other beast of burden, or run a bicycle or wheelbarrow or 
hand-cart, upon the sidewalks of the city: Provided, A driv- 
ing across such sidewalk shall not be deemed a violation of this 
section; nor shall any person stop any of the vehicles above 
mentioned on the crossing for foot passengers on any street 


15 


No paper or 
trash upon side- 
walks. 


No obstructions 
at crossings upon 
sidewalks. 


No person to 
drive, etc., more 
than 4 miles an 
hour, nor crack 
whip, etc. 


Vehicles to go 
to right. 


No riding or 
driving faster 
than 6 miles an 
hour, nor break 
any horse, etc. 


Vehicles not to 
stop on sidewalks. 


16 ORDINANCES OF THE 


or streets. Any person violating this section shall be fined one 
dollar for each offense, and twenty-five cents for every five 
minutes he shall remain thereon, after notice to move off by 
any officer or citizen of the city. 


Src. 21. No person shall ride or drive a bicycle or motor- 
cycle within the City of Durham in the night time without 
light sufficient to give warning, nor shall any such person 
ride such bicycle or motorcycle at a greater rate of speed 
than ten miles an hour in the fire limits and fifteen miles an 
hour outside the fire limits. All bicycles and motorcycles shall 
be provided. with bells or other devices and shall give warn- 
ing when passing pedestrians, vehicles, turning corners and 
crossing streets. 

Any person violating this ordinance shall be fined One_ 
Dollar ($1.00) for each and every offense. 

All ordinances and parts of ordinances in conflict with 
this ordinance be and the same are hereby repealed. 


Sec. 22. No person shall ride a bicycle or motorcycle or 
ride or drive an automobile within the City of Durham in the 
night time without a lantern or other light sufficient to give 
warning. 

Any person violating this section, shall, upon conviction, 
be fined one dollar. 


pee ate pee Sec. 23. Any person who shall injure any bridge or other 

tovpineets: property belonging to the city, or place any obstruction in 
any street, sidewalk, culvert, drain or sewer, public or pri- 
vate, shall, upon conviction, be fined ten dollars; and if he 
fail to remove the same for twelve hours after notice by 
the Mayor or Street Commissioner or one of the Street Com- 
mittee, every day that shall elapse thereafter without such re- 
moval shall constitute a distinct offense. 

Ne a Sec. 24. No wagon, cart, carriage, buggy, bicycle, motor- 

on street. cycle, automobile or other vehicle shall be permitted to block 
up or obstruct the entrance or passage to any public or pri- 
vate lot. 

BG Src. 25. The Street Commissioner shall notify all per- 


sons having trees in front of their lots to have them properly 
trimmed. If the owner or occupant refuse or delay compli- 


City oF DurHAamM 


ance more than five days, they shall be trimmed under the 
superintendence of the Street Commissioner, the expense 
thereof to be charged to the owner or occupant of said lot, 
to be recovered by warrant before the Recorder. Any person 
refusing to comply with this ordinance shall, upon convic- 
tion, be fined $10.00. 


Sec. 26. Whenever streets shall have been ordered to 
be opened, and an assessment shall have been duly made 
according to law, and approved by the Board, the Street Com- 
ixissioner shall open the same so as to give the right of way 
to the public, even if he is unable to grade them at the 
time. 

Sec. 27. Neither the Street Commissioner nor the Street 
Committee shall be allowed to enter upon any work ex- 
cept ordinary repairs, without the previous consent of the 
Board; and whenever any work is proposed to be done, a 
detailed estimate of the cost thereof shall be submitted to 
the Board. 


Sec. 28. No account for work by contract shall be al- 
lowed until the work so contracted for shall be examined by 
the Street Commissioner, who shall certify to the Board 
whether the same is done as prescribed in the proposal. 


Sec. 29. The Street Committee shall report every month 
to the Board the amount of work performed, the locality and 
character of the work, and the quality-of the labor employed, 
distinguishing skilled mechanic from common labor. 


Sec. 30. The Street Commissioner shall notify in writ- 
ing all owners or lessees of lots of land in the city whenever 
the sidewalks on or adjacent to the same shall need repair- 
ing, giving directions how it shall be done. If ten days 
shall elapse and the owner or lessee shall fail or neglect to 
repair as ordered, he shall be deemed guilty of a misde- 
meanor and fined ten dollars for each day’s neglect (after 
the expiration of the said ten days from the notice) to make 
said repairs. 

Sec. 31. The owner of any lot in the City of Durham 
fronting or adjoining a street, on which a sidewalk has been, 
or may hereafter be established, shall, upon notice, improve, 


17 


Streets opened. 


Street work must 
be ordered by 
Board. 


Street Commis- 
sioner must ex- 
amine work done 
by contract. 


Report of street 
committee to 
show work done. 


Street Commis- 
sioner to notify 
owners or les- 
sees to repair 
streets. 


Repair and im- 
provement of 
sidewalks. 


18 


No awning to be 
within 8 feet of 
sidewalk. 


Water not to 
drain or flow on 
sidewalk. 


ORDINANCES OF THE 


curb, repair or pave the sidewalk fronting or adjoining said 
lot in such manner and with such material as the Board of 
Aldermen may direct, and the expenses thereof shall be divid- 
ed equally between the city and the owner. If any owner of 
such lot shall, after twenty days’ notice in writing or (if per- 
sonal notice cannot be given) after twenty days’ notice in the 
newspapers of Durham, fail to improve, curb, repair and 
pave said sidewalk in the manner prescribed by the Board, 
ihe Street Commissioner shall improve, curb, repair or pave 
ihe same, and one-half the expense thereof, together with all 
the costs of such notice, shall be a lien upon said lot as taxes 
are. The said amount shall be reported to the Board of 
Aldermen and entered by the City Clerk or the Tax Collector 
upon the tax list, against the owner, and the same shall be 
collected by the Tax Collector, in the same manner, and 
subject to the same provisions as he collects taxes. 


Sec. 32. That all persons, firms or corporations operating 
railroads in the City of Durham, shall maintain culverts of 
sufficient size for the ready flow and passage of surface water 
under their tracks, and such culverts shall be made and con- 
structed in such a manner as to prevent the backing of water 
upon adjacent property and streets. 

Any person, firm or corporation violating the provisions of 
this section shall be fined ten dollars, and each day there- 
after shall constitute a new and separate offense. 


Sec. 33. No owner or the lessee of any building in the 
city to which there is an awning shall permit the frame of 
said awning, or any part thereof, to be so low as within eight 
feet of the sidewalk or street. Any violation of this ordi- 
nance shall subject the offender to a fine of one dollar each 
day said awning so continues within the distance forbidden. 


Sec. 34. No owner or lessee of property shall, after five 
days’ notice from the Street Commissioner, allow the water 
to drain from the roofs of buildings on the sidewalks of said 
city, nor allow the gutters to empty on the sidewalks. Any 
person violating this ordinance shall, upon conviction, be 
fined five dollars. 


City or DurHam 


Sec. 35. ‘That no lemonade or candy stand shall be allow- 
ed on Main Street, from Five Points to Roxboro Street, or 
within five feet of the building line of Main Street, between 
the mentioned points. 

Any person violating this ordinance shall be fined five dol- 
lars, and the Chief of Police shall remove the same. 


Sec. 36. No person shall roll, push or drag in the streets, 
or sidewalks of the city, empty or loaded hogsheads, tierces, 
barrels or boxes. Any person violating this section shall be 
fined ten dollars. 


Sec. 37. No person shall build any grating or pavements 
in any of the streets or sidewalks of the city over any base- 
ment or cellar except of iron, stone or some indestructible sub- 
stance other than wood. Any person violating this ordinance 
shall be fined five dollars, and five dollars for every twenty- 
four hours same remains. 


Sec. 38. No person or crowd of persons shall obstruct 
and impede travel on the streets of the city. Any person 
. failing to move when admonished by any citizen or police- 
man, shall be fined five dollars for each offense. 


Sec. 39. It shall be unlawful for any person to leave any 
hack, carriage, wagon, automobile or other vehicle on the 
streets without some person in actual charge or near at hand 
to move it if notified so to do, so as to prevent obstruction. or 
blocking of the streets or endangering the public by run- 
aways or otherwise. 

Any person violating this ordinance shall, upon conviction, 
pe fined one dollar. 


Sec. 40 No plumber, corporation or person, either in 
person or by servant, shall put down any water pipe, sewerage 
pipe or other piping, in the streets or sidewalks of the city, 
whose upper surface shall be within thirty inches of the 
profile of said street or sidewalk. Any person violating this 
ordinance shall be fined ten dollars: Provided, The Street 
Commissioner shall, upon application, indicate to said person 
desiring to lay pipe in street, the depth required to place pipe 
below said surface. 


19 
No barrels, 
tierces or hogs- 
heads to be 


rolled along 
streets. 


Grating to be of 
iron and stone. 


Crowds must not 
obstruct travel. 


Piping to be 30 
inches below pro- 
file of street. 


20 


Streets and side- 
walks not to be 
left disarranged. 


Red lights left 
upon unfinished 
streets at night. 


Street Commis- 
sioner to exam- 
ine buildings and 
may condemn. 


Penalty for fail- 
ure to perform 
their duty. 


ORDINANCES OF THE 


Sec. 41. ‘Any plumber, corporation or person who dis- 
arranges any street or sidewalk of the city, either in person or 
by servant, in putting in any water, sewerage or other piping, 
shall replace the said street or sidewalk is as good condition 
at least as it was previous to the said disarrangement. Upon 
his failure to do so for two days after being notified so 
to do by the Street Commissioner, he shall be fined ten dol- 
lars, and each day thereafter that the said street or sidewalk 
remains unrepaired as aforesaid shall constitute a separate 
offense under this section, and a like fine shall be imposed. 


Sec. 42. No person engaged in building, altering or re- 
pairing the streets or sidewalks of the city, shall leave the 
same in an unfinished condition at night, without first hav- 
ing suspended a red light in a conspicuous position. Any 
person violating this ordinance shall, upon conviction, be 
fined five dollars. 


Sec. 43. It shall be the duty of the Building Inspector 
to inspect all buildings now erected, or hereafter to be erect- 
ed, and condemn such as are unsafe or dangerous to life or 
limb by reason either of their defective construction, dilapi- 
dation or combustible condition. And he shall notify the 
owner or owners to remove or repair such as are condemn- 
ed, within ten days, and if the owner or owners refuse or 
neglect to remove or repair the same for the space of ten days, 
the Commissioner shall cause the same to be removed at 
the expense of the owner or owners. © : 


Sec. 44. If the Building Inspector shall fail to perform 
the duties prescribed in the preceding section, he shall be 
fined ten dollars for every such neglect. 


Sec. 45. That it shall be unlawful for any person, firm 
or corporation to dig any hole, ditch or excavation of any 
kind whatsoever, on any street that has been macadamized 
or paved, without first acquiring a license therefor in writ- 
ing from the Plumbing Inspector. 


Sec. 46. That if any person, firm or corporation shall 
miake such excavation or do any such work without first hav- 
ing obtained such license, or if any person, firm or corpora- 
tion shall fail or refuse to immediately repair said street, 


Ciry or DurHam 


such person, firm or corporation shall be subject to a penalty 
of $50.00 for each and every offense; and each day’s contin- 
uance of such failure or refusal to repair shall constitute a 
separate and distinct offense. 


SEc. 47. That it shall be the duty of every person, firm 
or corporation who shall open or dig a ditch, trench or hole 
in any street, public alley or sidewalk of the City, to put the 
said street, public alley or sidewalk in as good condition in all 
respects as it was before, and every person, firm or corporation 
violating or failing to observe the provisions of this section 
shall be subject to a penalty of $50.00. Every day of such 
failure, neglect or refusal to put said street, alley or sidewalk 
in as good condition as it was before shall constitute a sepa- 
rate and distinct offense: Provided, That this section shall not 
be construed to invalidate other provisions in regard to dig- 
ging up streets. 


Sec. 48. Except in cases of emergency caused by breaking 
or leaking of pipes, the Street Commissioner shall not grant 
the permission required in the two next preceding sections, but 
shall refer requests and applications to the Street Committee. 


Src. 49. No piping, sewerage, water or other underground 
piping shall be placed or laid in the City of Durham, until the 
same shall have been inspected and approved by the Street 
Commissioner, or some person designated by him. Any per- 
son, agent or corporation violating this section shall be fined 
ten dollars. 


Sec. 50. No person engaged in building, altering or re- 
pairing any building or other structure near any street or 
sidewalk of the city, shall unnecessarily obstruct any street 
or sidewalk of the city in doing so, or leave any rubbish or 
building materials in the street or on the sidewalk near such 
building or structure at night without leaving suspended one 
or more red lights in a conspicuous position upon such rub- 
bish or building materials to warn persons of danger in pas- 
sing the same. Any person violating this ordinance shall, upon 
conviction, be fined five dollars, and each day or night’s omis- 
sion to comply with this ordinance shall be deemed a sepa- 
rate offense. 


2 


21 


When permission 
is granted to re- 
pair pipe. 


Inspection of 
piping. 


Obstruction of 
streets and side- 
walks. 


22 


Washing win- 
dows. 


‘Penalty for in- 
jury to street 
signs, 


Suspended signs 
prohibited. 


Record of cost 
brick paving, 
chargeable to lot 
owners. 


ORDINANCES OF THE 


Sec. 51. No person, firm or corporation shall wash win- 
dows fronting or being on any street in the City of Durham 
er cause the same to be washed with hose except between the 
hours of 11 o’clock p. m. and 7 o’clock a. m. Any person, 
firm or corporation violating this ordinance shall be fined five 
collars. ; 


Src. 52. No person or persons shall mutilate, deface, re- 
move, or in any manner injure any of the street signs of the 
City of Durham. Any person or persons violating this ordi- 
nance shall, upon conviction, be fined ten dollars. 


Sec. 53. No person, firm or corporation shall suspend 
any signs, banners, or other advertising matter in, over or 
across any street in the City of Durham; and no person, firm 
cr corporation owning or operating any wire or wires, electric 
or otherwise, in or along the streets of said city, shall permit 
or cause to be suspended on any said wire or wires any signs, 
banners, or other advertising matter whatsoever. Any person, 
firm or corporation violating this ordinance, or any part there- 
cf, shall, upon conviction, be fined ten dollars for each offense, 
and every day the same is allowed to remain so suspended shall 
constitute a separate offense, and subject the offender to a 
like fine. 


Sec. 54. That whenever a brick or any improved sidewalk 
is laid by order of the Board of Aldermen, it shall be the duty 
of the Street Commissioner to, within thirty days after the 
same shall have been completed in front of any lot, report to 
the Clerk of the Board of Aldermen the amount of said pav- 
ing, and the cost thereof, chargeable against said lot owner, 
and the shall include in his report a brief description of the lot 
and the name of the owner. 


Sec. 55. Upon receipt of such report from Street Com- 
missioner, it shall be the duty of the Clerk of the Board of 
Aldermen to enter the same in the book provided for that 
purpose, and called “Sidewalk Assessment Book,” and he will 
also keep a proper index to the same, a statement of the 
amount of said paving and the cost thereof, together with a 
brief description of the lot and the name of the owner. 


City or DurHAam 


SEc. 56. It shall be the duty of the Tax Collector within 


ten days after the City Clerk shall docket said assessments to. 


collect the same from the owner thereof, and receipt for the 
same in said book. And if said owner shall neglect or refuse 
to pay such assessment, the Tax Collector shall report same 
to the next regular meeting of the Board of Aldermen. 


SEc. 57. Said assessment book shall be kept by the Clerk 
of the Board of Aldermen in his office and be open at all 
times to the inspection of the public. 


SEc. 58. That the street sweeping wagon shall have right- 
of-way in and upon the streets of the City of Durham, and any 
person obstructing or neglecting to make way for said street 
sweeping wagon shall be fined two dollars for each offense. 


SEc. 59. That it shall be unlawful for any person or per- 
sons to obstruct the approach to any pubkic or private fire 
lydrants so as to prevent its use in case of fire. Any per- 
son or persons violating this ordinance shali be fined two and 
one-half dollars for the first day the hydrant is so obstruct- 
ed, and one dollar each day thereafter while said obstruction 
remains. 


Sec. 60. No person shall place on the streets or side- 
walks of the said city any loose bills or signboards under 
a penalty of five dollars for each and every offense, and for 
each day the same is allowed to remain shall constitute a 
separate offense, and subject the offender to a like penalty. 


_ Sec. 61. No person, firm or corporation shall leave any 
dray or other vehicle standing upon the streets of the City 
of Durham unless said dray or other vehicle is attached to 
a horse or some other domestic animal ordinarily used to draw 
such dray or other vehicle. Any person, firm or corporation 
violating this ordinance shall be fined one dollar for each and 
every offense. 


Sec. 62. No person, firm or corporation shall begin the 
excavation of any lot or lots abutting on any street or sidewalk 
in the City of Durham until they have enclosed the same 
fronting on such streets or sidewalks to the height of eight 
feet with a substantial close board fence. Any person, persons, 
firm or’corporation violating this ordinance shall be fined five 


23 


Tax Collector to 
collect for cost 
sidewalks. 


Assessment book 
open for inspec- 
tion, 


Street sweeping 
wagon to have 
right of way. 


Penalty for ob- 
structing: ap- 
proach of fire 
hydrants. 


Loose bills or 
sign-boards not. 
to be placed on 
streets or side- 
walks. 


Vehicles not at- 
tached to horses 
or other domestic 
animals not al- 
lowed to remain 
on street. 


Enclosing exca- 
vations abutting 
on streets or 
sidewalks. 


Opening of new 
streets, sale of 

lots thereon, etc., 
to be approved 

by Board. 


ORDINANCES OF THE 


dollars for each and every day that such lot or lots so remain 
unenclosed after such excavation shall begin. 


Sec. 63. No individual, corporation, association or part- 
nership shall open up or lay out any new street or streets, or 
sell or offer for sale, lot or lots abutting on same without first 
having had a plot of said proposed street or streets, together 
with such existing streets of the city that connect with or 
open into the same, made and submitted to the Board of Al- 
dermen and approved and accepted by said Board. Persons 
offending against this provision shall be fined fifty dollars for 
each and every offense. 


Sec. 64. It shall be unlawful for owners or drivers of 
public hacks or carriages while waiting for or soliciting cus- 
tomers to stand upon the sidewalks of Church Street farther 
tnan one foot from the outer edge of curbstone, and the 
drivers of public hacks or carriages while waiting for or so- 
liciting customers shall not be allowed to stand at the end of 
the sidewalks of Church Street next to the Union Depot. 

Any driver of a public hack or carriage violating this or- 
dinance shall be fined five dollars upon conviction. 


Src. 65. That no person or persons shall be permitted to 
conduct the business of livery stable on Main Street between 
Roxboro and Morris Streets, but the right of ingress to such 
stables will be permitted but not egress, and every person 
maintaining such place of busine$s must have a printed or 
painted sign indicating the right to enter the building from 
Main Street but not to drive from the building to said street. 

Any person or persons violating this ordinance shall, upon 
conviction, be fined one dollar for each offense, and for every 
day said ordinance is violated it shall be a new offense. 


Sec. 66. That all awnings, shelters and artificial shades’ 
of any kind now extended over the sidewalks within the fire 
district of the City of Durham shall be supported in substantial 
nianner by chains, braces or rods attached to buildings to which 
said awnings, shelters or artificial shades are affixed or by 
pests or rods set in an upright manner and located against in- 
side of curbstone. 


City or DurHam 


2. That all awnings, shelters and artificial shades of any 
kind that may be extended over the sidewalks within the fire 
district of the City after the ratification of this ordinance shall 
be supported in substantial manner by chains, braces or rods 
attached to buildings to which said structures may be affixed. 

3. That all posts and poles now situated or that may be 
in future situated on the sidewalks within the fire district of 
the City be located against inside of curbstone. 

4. Any firm, person or corporation failing to comply with 
this ordinance shall be fined five dollars for each offense. 


Sec. 67. (1) When any property owner desires to have 
a concrete sidewalk constructed along his or their property, 
abutting curb streets, he shall, before any work is commenced, 
cbtain written permission from the City Engineer, showing the 
size of sidewalk to be constructed. Only when this provision 
shall have been complied with, will the City bear any portion 
of the expense of the construction of the sidewalk, and the 
obtaining of this permission shall be considered a waiver of 
the notice as required by the Charter of the City of Durham. 

(2) The entire cost of the construction of the sidewalk 
shall be paid to the contractor by the City, and the property 
owner's share of the construction, as determined by paragraph 
5 of this ordinance shall be collected by the City from the 
froperty owner. 

(3) The City Engineer shall turn into the City Clerk on 
each regular meeting night of the Board of Aldermen a writ- 
ten account showing what sidewalks have been accepted by 
him, since the previous meeting; the name of the property 
owner, the location; the amount chargeable to the City and 
the amount chargeable to the property owner, together with 
a bill made out in favor of the Contractor for the sidewalks 
accepted by him, which bill when properly approved will be 
paid. 

(4) The Tax Collector upon receipt of this written ac- 
count from the ‘Clerk, shall immediately present a bill to the 
property owner for amount due to the City by him accom- 
panied by written notice that, if the bill is not paid within sixty 
days (60), action under the Charter of the City of Durham 
will be instituted against ‘him to collect the account, and in 


25 


26 


ORDINANCES OF THE 


case the account is not paid by the end of sixty (60) days, the 
Tax Collector shall forward the same to the City Attorney, 
who upon receipt of said account shall give ten (10) days 
notice and proceed to collect same by law. 

(5) The regulation width of concrete sidewalks in resi- 
dential sections shall be Five (5) feet, and all additional widths, 
all approaches to driveways etc., shall be paid for by the prop- 
erty owner, the City paying only for a strip (2‘6“) Two feet 
and Six inches wide the length of the sidewalk. In business 
sections the regulation width shall be entire width of the side- 
walk, and the City and property owner shall bear the expense 
equally. 

(6) Incase the property owner desires to remove a brick 
sidewalk and replace with a concrete sidewalk, the expense of 
the concrete sidewalk shall be borne entirely by the property 
ewner, the property owner having the right to hold as his 
property the brick taken up or to sell the brick to the City 
at the first cost of the brick (labor of laying not included) less 
the deterioration by reason of wear and use, which deteriora- 
tion shall be determined by the City Engineer. This paragraph 
shall apply to brick sidewalks in good passable condition. 

(7) Where improved sidewalks are to be removed and 
replaced with concrete sidewalks on account of long use and 
bad condition, the City will bear the entire expense of the re- 
moving and replacing after an order has been made by the 
Board of Aldermen for the same, provided, the property owner 
has paid his share of the first improvement, otherwise the 
City’s share and the property owner’s share of the expense 
skall be determined by paragraph 5 of this ordinance. 

(8) When a sidewalk is constructed on a street along 
which the curbing has been placed since May Ist, 1905, the 
property owner in addition to paying his share of the cost of 
construction of the sidewalk, shall pay (14) one-half the cost 
of the curbing along which the sidewalk has been constructed. 

(9) Where brick or concrete sidewalks along improved 
streets are removed and replaced by reason of the change of 
erade of such streets, the material removed shall be the prop- 
erty of the City, and the City shall replace the sidewalks of 
regulation width as determined by paragraph 5, together with 


City oF DurHam 


ihe necessary approaches to driveways at its own expense, and 
the expense of any additional width over and above the regu- 
lation width shall be borne by the property owner. 

(10) The maximum amount paid for concrete sidewalks 
shall be One Dollar and Four Cents ($1.04) per square yard. 
The City will furnish at its crusher, stone for sidewalk pur- 
poses at Sixty-two and One-half cents per thousand pounds. 

‘This reduced price for crushed stone shall only be allowed 
when paragraph 1 of this ordinance shall have been complied 
with. ; 
(11) That all ordinances and parts of ordinances in con- 
flict with this ordinance are hereby repealed. 


Sec. 68. 1. All residents of the City of Durham own- 
ing automobiles shall register their machine or machines with 
the Chief of Police of the City of Durham, giving the number 
ef the State License and make of machine. No person shall 
drive an automobile within the City of Durham at night time 


without a sufficient light to give. warning, nor shall such per- 


son drive an automobile at a greater rate of speed than ten 
mules an hour in the fire district and fifteen miles an hour out- 
side of the fire district, nor shall such person drive an auto- 
mobile at a greater rate of speed than five miles an hour 
when turning corners, nor at a greater rate of speed than 
eight miles an hour when crossing streets and passing all street 
car stops within the City. 

2. All drivers of automobiles and other vehicles shall go 
to the right in meeting other vehicles and all automobiles shall 
be equipped with a horn or other device and shall give warn- 
ing of their approach to and turning all street corners and 
passing all street cars. Any person violating this ordinance 
shall be fined five dollars. 

All ordinances and parts of ordinances in conflict with this 
ordinance be and are hereby repealed. 


Sec. 69. No person, firm or corporation shall hang, post 
or in any way affix any posters, bills, dodgers or like advertis- 
ing matter on any trolley, telegraph or other pole, upon any 
street, or alley within the City. 

And no person, firm or corporation shall distribute or cause 
to be distributed any such posters, bills, dodgers or advertising 


27 


28 


ORDINANCES OF THE 


matter of like kind upon any of the streets, alleys or sidewalks 
of the City. : 

Any person, firm or corporation violating this ordinance 
shall, upon conviction, be fined five dollars. 


Sec. 70. 1. That no person shall drive an automobile on 
the streets of the City of Durham, without the number plates 
being securely fastened both to the front and rear of the au- 
tomobile, and shall have registered the number in the office of 
the Chief of Police of the City of Durham. 

2. That no person shall drive any automobile on the 
streets of the City of Durham at any rate of speed, exceeding 
ten miles an hour in the fire district and fifteen miles per hour 
outside of fire district, and in turning corners and passing cros- 
sings, the rate of speed shall not exceed five miles per hour. 

3. That no person or persons shall drive an automobile 
on the streets of the City of Durham unless there is affixed 
in front of the said automobile two white lights, and in the 
rear of the same, one red light, and the same shall be lighted 
cne-half hour after sunset and shall be kept lighted, while on 
the streets, until one-half hour before sunrise. 

4. ‘That no person shall use the muffler. cut outs in the 
Fire District of the City. 

5. ‘That all persons driving automobiles on the streets of 
the City of Durham, when approaching trolley cars loading 
and unloading passengers shall slow down and signal, and if 
need be, stop the said automobile until the trolley car shall 
have finished loading or unloading its passengers. 

6. That no person driving an automobile who in any way, 
shall wound, strike or injure any person, with the said auto- 
mobile, shall leave the scene of accident without giving his 
name, residence and license number to the party injured or to 
a police officer. . 
7. That all persons riding motorcycles shall have placed 
on the same one number plate and one light. 

8. That all drivers of hacks shall carry the license number 
issued by the City, and shall carry two side lights at night. 

Any person or persons violating the provisions of this 
crdinance shall be guilty of a misdemeanor and upon convic- 
tion thereof, shall be fined five dollars. 


Ciry or DurHam 


Sec. 71. 1. That all drivers of vehicles except when 
passing a vehicle ahead shall keep as near the right hand 
curb as possible. 

2. That all drivers of vehicles, when meeting another 
vehicle, shall pass to the right. 

3. That all drivers of vehicles when overtaking another 
vehicle shall pass on the left side of the vehicle overtaken and 
shall not pull over to the right until entirely clear of it. 

4. That all drivers of vehicles, when turning into another 
street to the right, shall turn the corners as near the right hand 
curb as possible. 

5. That all drivers of vehicles when turning into another 
street to the left, shall turn around the center of the inter- 
section of the two streets. 

6. That all drivers of vehicles, when crossing from one 
side of the street to the other, shall do so by making a com- 
plete turn, and heading in the opposite direction. 

7. That no driver of vehicle shall stop with the left hand 
side of the same to the curb, except on that part of Church, 
Mangum and Corcoran Streets that lie between Main Street 
and the Southern Railroad. : 

8. That no driver of a vehicle shall stand with the vehicle 
backed up to the curb, except when actually engaged in load- 
ing and unloading the vehicle, but no vehicle shall stand so 
backed up, if it interferes or interrupts in any way with the 
passage of other vehicles or street cars. 

9. No driver of a vehicle, except in an emergency, or 
to allow another vehicle or pedestrian to cross its path, shall 
stop in any public street or highway, except the right hand curb 
thereof, and then in that case must not obstruct a crossing. 

10. No driver of a vehicle, shall proceed at any time at 
a greater speed than the law allows and that is safe under the 
conditions then obtaining. 

11. All drivers of vehicles overtaking a street car, shall 
exercise due caution not to interfere with or injure passen- 
gers getting on and off said cars. 

12. No person shall drive a public, mheaheced: licensed or 
business vehicle who is less than sixteen years of age. 

13. No owner or driver of a vehicle shall allow or per- 


29 


30 


ORDINANCES OF THE 


mit the same to remain stationary on Main Street, between 
Five Points and Roxboro Street, for a longer time than one- 
half hour. 

Any person or persons violating the provisions of this or- 
dinance shall be guilty of a misdemeanor, and upon conviction 
thereof, shall be fined five dollars. 


Sec. 72. Every person, firm or corporation, using the pub- 
lic streets of the City of Durham for the purpose of laying 
pipes or wires under the surface of said streets, shall before 
the said streets are macadamized or surfaced, and upon being 
notified by the Chairman of the Street Committee of the City’s 
intention to macadamize said street or streets, place said pipes 
or wires under the surface of said street or streets and shall 
make all necessary connections for residences on said streets. 

Any person, firm or corporation violating this ordinance 
shall be guilty of a misdemeanor and upon conviction, shall 
be fined fifty dollars. 


Sec. 73. No person, firm or corporation shall place any 
garbage waste-matter or other substance either in the garbage 
cans or on the streets of the City of Durham after the hour 
of eight o’clock on Saturday night of each week. 

Any person, firm or corporation violating the provisions 
of this ordinance shall be fined five dollars. 


Sec. 74. No person, firm or corporation shall begin the 
construction of any building or begin to tear down or dismantle 
apy building within the Fire District as now estblished, or as 
may hereafter be established, until the sidewalks are enclosed 
with an enclosure the entire width of the building, said en- 
closure shall be eight feet high and six feet wide, except in 
cases where the open basement of said buildings shall extend 
under the said sidewalks, then in that case there shall be an 
enclosure outside the curbing eight feet high and four feet 
wide, said enclosure to be covered at the top with material 
of sufficient thickness to prevent injury to persons passing 
along said enclosure from falling brick and stones. 

Any person, firm or corporation, violating the provisions of 
this section shall be guilty of a misdemeanor, and upon con- 
viction, shall be fined ten dollars. 


Criry or DurHam 


Sec. 75. It shall be unlawful for any person, firm or cor- 
poration to scatter any dirt, rock, or paper upon the streets 
of the City of Durham or use wagons or vehicles for the pur- 
pose of hauling dirt, rock or paper or filth on said streets 
unless said wagons or vehicles are so constructed as to prevent 
the falling of dirt, rock, paper or filth from said wagons while 
passing over said streets. 

Any person, firm or corporation violating the provisions 
of this section shall be guilty of a misdemeanor, and upon 
conviction shall be fined the sum of five dollars. 


Sec. 76. It shall be unlawful for any person to leave un- 
attended any automobile, truck or any other vehicle propelled 
by an engine on the streets of the City of Durham while said 
engine is in motion. 

Any person, firm or corporation violating the provisions of 
this section shall be guilty of a misdemeanor and, upon convic- 
tion, shall be fined five dollars. 


CHAPTER IV 


CONCERNING RAILROADS, TRAINS, ELECTRIC LIGHTS, WATER 
COMPANY 


SEcTION 1. No train or engine shall be run in the corpo- 
tate limits of the City of Durham at a greater rate of speed 
than eight (8) miles an hour. Any engineer or conductor al- 
lowing a train or engine to run at a greater rate of speed shall 
be fined ten dollars for each offense. 


Sec. 2. No railroad company, its agent, conductor or 
engineer shall stop or leave standing for a longer time than 
five consecutive minutes, any train of cars, freight, passenger 
or material, or any car, truck, or engine on the tracks of any 
railroad company, where the said track or tracks cross or in- 
tersect with any street of the City of Durham. Any com- 
pany, or persons, violating this ordinance shall be fined ten 
dollars for each offense. Each period of five minutes after 
the first ten minutes shall be and constitute a separate offense, 
under this ordinance. 


31 


No trains al- 
lowed to run 
over 8 miles per 
hour within the 
corporate limits. 


Not to block 
crossings more 


than 


2 


minutes. 


32 


Flagmen or 
guards at cross- 
ings. 


No person per- 
mitted to cross 
in front of ap- 
proaching train. 


No loitering at 
depot. 


Hackmen not to 
solicit nearer de- 
pot than on 
Church street. 


Shall not board 
or jump off 
trains in motion. 


ORDINANCES OF THE 


Sec. 3. All persons or corporations owning or operating 
any line of railway within the City of Durham shall, between 
the hours of seven o’clock a. m. and seven o'clock p. m., on 
each week except Saturday, and on that day between the hours 
of seven a. m. and eight p. m., keep at Milton avenue, Pine 
street, and West Main street, at Norfolk & Western freight 
depot, and Ramseur street crossings in said city a guard or 
fiagman, whose duty it shall be to keep an outlook or watch 
and warn all persons using said crossings of the approach of 
trains and locomotives: Provided, That two or more persons 
or corporations owning or operating lines of railway over said 
crossings may jointly keep or employ such flagman or guard. 
Any person or corporation violating this ordinance shall, upon 
conviction, be fined ten dollars for each offense: Provided, 
That any such person or corporation, instead of keeping the 
guard or flagman herein provided for, may elect to stop all 
trains before reaching said crossings, and, by sending for- 
ward a flagman or otherwise, give due notice of the train’s 
approach. 


Sec. 4.. No person, after being warned by the guard or 
flagman referred to in the preceding section, shall attempt 
to cross the railroad track at any of the said crossings in front 
of an approaching train. Any person violating this ordinance 
shall, upon conviction, be fined five dollars. 


Sec. 5. It shall be unlawful for any person or persons 
not having tickets or business with the officials to loaf or loiter 
in the building, or on the platform or premises of the Union 
Station, under a penalty of two dollars and fifty cents for each 
offense. 


Sec. 6. No hackman shall solicit any passenger or pas- 
sengers or baggage, or allow his hack or dray to stand nearer 
the Union Station than on Church street, except when receiv- 
ing or delivering baggage at the baggage room. Any person 
violating this ordinance shall be fined five dollars. 


Sec. 7. That any person or persons caught in the act of 
boarding any train, either freight or passenger, and jumping 
off therefrom while the train is in motion, within the cor- 


Ciry or DurHam 


porate limits of the city, without satisfactory excuse, shall 
be fined five dollars. 


Src. 8. Any person or persons caught loitering in or upon 
any coaches, box cars, flat-cars, or any other kind of car 
belonging to or being used by any railroad company, within 
the corporate limits of the City, whether the said car be upon 
the main tracks or upon a side track of said company, shall, 
upon conviction, be fined one dollar. Provided that this or- 
dinance shall not apply to railroad employees. 


Sec. 9. No hotel porter or other person, without a city 
license, which shall be displayed upon demand by the Station 
Master, shall be allowed to solicit business within the Union 
Station building, or on the cemented platforms of the Union 
Station Company; all porters and other servants shall re- 
ceive and deliver hand baggage outside the Union Station build- 
ing and sheds, and any person violating this ordinance shall 
be fined five dollars. 


Sec. 10. It shall be unlawful for any corporation or any 
person to discharge any water from any hydrant or hydrants 
in the city, except by means of hose attached to said hydrant 
or hydrants, which shall discharge the water down the gutters 
of the city. Any person violating this ordinance shall, upon 
conviction, be fined five dollars. 


Sec. 11. No person shall throw or shoot a stone or mis- 
sile at the poles, wires, lights or globes of the Durham Traction 
Company, or those used by any Telephone Company or the 
Electric Fire Alarm, except said persons be authorized by 
said companzies. Any person violating this section shall be 
fined ten dollars. Any employee of the Durham Traction Com- 
pany, whose duty it is to attend to the lights of the com- 
pany, is hereby vested with powers of a policeman to make ar- 
rests for violations of this ordinance, and he shall wear a 
police badge. 


Sec. 12. No person shall take water from a public foun- 
tain in a barrel, nor wash, nor rinse clothes, vegetables or other 
things, within thirty feet of any public fountain, under pen- 
aity of four dollars for each offense. And if any person shall 
wilfully or negligently injure or throw filth of any kind, or 


33 


No hotel porter 
or other person, 
allowed to solicit 
business in Union 
Station. 


Water discharged 
in gutters. 


No throwing at 
lights, etc. 


Public fountains. 


o4 


No water taken 
from fountains. 


Faucets not to 
run except for 
use. 


Persons upon 
notice to connect 
drainage wiih 
sewers. 


To break or in- 
jure sewer pipe, 
penalty. 


To injure prop- 
erty Union Sta- 
tion, penalty. 


Restrictions as 
to use closets, 
Union Station. 


Expectorating on 
floors, etc., Union 
Station, penalty. 


ORDINANCES OF THE 


anything injurious, into said public fountain or the water in 
any public fountain in the city, he shall, upon conviction, be 
fined ten dollars. 


Sec. 13. Any person who shall carry away from any 
fountain in the city any water in a bucket, can or other vessel, 
shall be fined one dollar for each offense. 


Sec. 14. No person or persons using city water shall 
be allowed to open their faucets to run continuously, except 
for actual use, during freezing weather or any other time, un- 
less they use a meter. Any person or persons violating this 
ordinance shall, upon conviction, be fined one dollar for each 
offense. 


Sec. 15. Upon notice from the Plumbing Inspector (act- 
ing by the order of the Board of Aldermen), every person 
shall connect the drainage of all kinds from his closets, resi- 
dence or place of business, with the proper city sewer. Any 
persons failing to make such connections, after five days’ no- 
tice, shall, upon conviction, be fined five dollars, and five dol- 
lars additional for each day after the sixth day following such 
notice. 


Sec. 16. Any person or persons, who shall wilfully and 
maliciously break or injure any sewer pipe belonging to the 
City of Durham shall, upon conviction, be fined ten dollars. 


Sec. 17. Any person who shall wilfully and mali- 
ciously deface or injure the building, furniture, fixtures, 
or any other property of the Union Station Company shall, 
upon conviction thereof, be fined ten dollars. 


Sec. 18. All persons except passengers having tickets 
or persons having business with the officials of the railroad 
companies, or of the Union Station, are forbidden to use 
the closets, urinals and toilets of the Union Station, and any 
person violating this ordinance shall, upon conviction thereof, 
be fined two dollars and fifty cents for each offense. 


Sec. 19. It shall be unlawful for any person to expecto- 
rate against the walls or furniture, or on the floors or plat- 
forms of the Union Station. Any person violating this ordi- 
nance shall, upon conviction, be fined one dollar. 


Crry or DurHam 


Sec. 20. It shall be unlawful for any person to drink any 
beer or other intoxicating liquors in the Union Station build- 
ing, or on the premises of the Union Station Company. Any 
person violating this ordinance shall, upon conviction, be fined 
five dollars. 


Sec. 21. It shall be unlawful for any person to solicit 
alms in the Union Station building, or on the premises of the 
Union Station Company. Any person violating this ordinance 
shall be fined five dollars. 


Sec. 22. It shall be unlawful for any person, firm or 
corporation, to post. any advertisments whatever upon the 
Union Station building or premises of the Union Station Com- 
pany, without first obtaining consent of the Union Station Com- 
pany, and any person, firm or corporation violating this ordi- 
nance shall be fined five dollars for each offense. 


Sec. 23. It shall be unlawful for any person to. trespass 
upon, or use the platforms or railroad tracks, outside the iron 
fence of the Union Station Company, between Roxboro and 
Mangum streets, except passengers, and any person violating 
this ordinance shall be fined two dollars and fifty cents for 
each offense. 


Sec. 24. The Station Master and his assistants at the 
Union Station shall have the same powers and authority to 
make arrests, and shall be bound by the same rules and regula- 
tions as the policemen of the City of Durham in apprehending 
all offenders who are found violating any of the ordinances 
concerning the Union Station and premises, and shall carry 
such offenders before the Recorder, or turn them over to a 
policeman, and shall be allowed such fees as are allowed to 
policemen of the city for similar services, said fees to be paid 
by the party offending if found guilty. And said Station Mas- 
ter and his assistants are hereby appointed special policemen 
to enforce these ordinances. 


Sec. 25. It shall be unlawful for any person, firm or 
corporation to blow or allow to be blown any locomotive 
whistle under his, their or its control, within the city limits 
of the City of Durham. Any person, firm or corporation vio- 


35 


Drinking of in- 
toxicating liquors 
prohibited Union 


Station, penalty. 


Soliciting alms 
Union Station 


‘forbidden, pen- 


alty. 


Posting adver- 
tisements Union 
Station prohib- 
ited, penalty. 


Use tracks, etc., 
outside iron fence 
Union Station 
prohibited, 
penalty. 


Police powers 
Station Master . 
and assistants. 


Blowing of 
whistles prohib- 
ited, penalty. 


36 


Railroads keep 
crossings good 
condition, pen- 
alty. 


ORDINANCES OF THE 


lating this ordinance shall pay a fine of ten dollars for each 
and every offense. 


Sec. 26. That any and every railroad company having 
tracks and rails in the limits of the City of Durham shall put 
its crossings of the streets of the City of Durham in good con- 
dition to be approved by the City Engineer. Every railroad 


‘ company failing to put such crossings in good conditions, to 


be approved by the City Engineer, after thirty days” notice by 
the City Engineer, shall pay a fine of fifty dollars, and for 
each day that the same shall remain in bad condition, shall 
pay a like fine of fifty dollars. 


Sec. 27. On and after October 1st, 1906, all persons, firms 
or corporations owning or operating any lines of railway with- 
in the limits of the City of Durham shall keep, maintain and 
operate gates at the crossings of the following streets in said 
City, to-wit: Chapel Hill, Ashton Place, Corcoran, Mangum, 
Dillard, East Main, West Main at Duke’s Factory, and Mor- 
gan streets and all other streets in the City of Durham where 
the same is crossed by railroads at surface grades, and keep 
a man to operate said gates at said crossings between the hours 
of seven a. m. and seven p. m. on each day vf the week ex- 
cept Saturday, and on that day between the hours of seven 
o’clock a. m. and eight o’clock p.m. | 

Any person, firm or corporation failing to maintain and 
operate gates at the said above named street crossings on and 
after October Ist, 1906, or to maintain or operate gates at all 
other railroad surface grade crossings of said railroad in said 
City not specifically named in this ordinance shall be fined 
apon conviction five dollars for each day that he, they or it 
shall fail to maintain and operate gates at each of the above 
named street crossings within the City of Durham, and at all 
other surface grade crossings of streets in said City. 


Sec. 28. That it shall be unlawful for any person, firm 
or corporation operating, owning or maintaining railroads in 
the City of Durham to knock, kick, push, or shove any car, 
that is to operate what is known as a flying switch, on its tracks 
where the said track crosses any street in the City of Durham: 
or to allow any loose car not attached to an engine and con- 


City or DurHam 


trolled by an engineer to run on its tracks where the said tracks 
cross at a surface grade any of the streets in the City of Dur- 
ham: Provided, The provisions in this section shall not apply 
to cars being pushed by a lever by employees of railroad com- 
panies for the purpose of placing cars more conveniently to be 
loaded or unloaded. 

Any person, firm or corporation violating this section 
shall, upon conviction, be fined ten dollars for each offense. 


src. 29. That all railroads operating cars or trains in 
the City, shall be required to maintain proper bumper posts 
at the termination of all tracks inside the corporate limits, 
where said tracks end or terminate at or near any street or al- 
ley crossing such tracks. 

Any person, firm or corporation violating this ordinance 
shall be fined the sum of ten dollars, and each day that this 
ordinance shall be violated shall be a separate offense. 

This ordinance to be in full force and effect on and after 
May 15th, 1912. 


Sec. 30. That all persons, firms or corporation operating 
railroads in the City of Durham, shall maintain culverts of 
sufficient size for the ready flow and passage of surface water 
under their tracks, and such culverts shall be made and con- 
structed in such a manner as to prevent the backing of water 
upon adjacent property in the streets. 

Any person, firm or corporation violating the provisions of 
this section shall be fined ten dollars, and each day thereafter 
shall constitute a new and separate offense. 


CHAPTER VY, 


SEWERAGE 


Section 1. That each and every person, firm or corpo- 
ration owning a house and lot in the City of Durham, which 
lot abuts or adjoins a street or alley along which is a public 
sewer, shall, on or before January the fifteenth, 1905, make 
water and sewer connections with his, their or its house: Pro- 
vided, Such owner can make sewer connections within two 


3 


37 


Property owners 
connect with 
sewers. 


38 


Non-resident con- 


necting with 
sewer. 


Sewerage not to 
be flowed on 
streets. 


Sewer and water 
connections 
obligatory cer- 
tain streets. 


ORDINANCES OF THE 

hundred feet, and water connections within three 
hundred feet of said house: Provided, further, No person 
shall be required to cross the private property of any other per- 
son to make such connections. Any person, firm or corpora- 
tion, who shall fail and refuse to make such water and sewer 
connections on or before said fifteenth day of January, 1908, 
shall be fined the sum of one dollar for each and every day 
he so fails and refuses thereafter; and each day he so fails 
and refuses shall constitute a separate offense and shall sub- 
ject the owner of such house to a like penalty. 


Src. 2. That any holder of property outside of the limits 
of the City of Durham desiring to connect with the sewer of 
the said city shall first make application in writing to the 
Board of Aldermen of the City of Durham, and obtain a per- 
mit therefor, and no permit shall be granted unless approved 
by the City Engineer, and then only upon the payment of thir- 
ty dollars. 


Sec. 3. Any person who shall flow or cause to flow any 
sewage, waste from kitchen or other sink or bathtub, or any 
wash water or any house waste, or waste from any building in 
or upon any street in the City of Durham, when said house 
is within one hundred feet of a public sewer, shall be fined 
two dollars for each day that said offense shall continue after 
twenty days’ notice to connect to said public sewer has been 
given by the city, or its proper officer or employee. 


Sec. 4. That the owners of lots abutting on Roxboro 
street, from Main street to Trinity avenue, and on Eliza- 
beth street from Holloway to Gray street, and on Hunt street 
from Rigsbee avenue to Mangum street, and on Broadway, 
and on Burch avenue from Milton avenue to Gregson street, 
and on Vickers avenue from Chapel Hill street to Morehead 
avenue, shall be required to carry sewer and water connections 
from the water main of the Durham Water Company, and the 
sewer main of the city along said streets, across the sidewalk to 
the inside line of the sidewalk, for each and every lot, whether 
the said lot be occupied or vacant, as the sewer mains and water 
mains are laid along said street. 


Ciry or DurHam 


In cases where mains are already laid on said streets said 
connections to be carried as aforesaid, as soon as the street or 
streets are graded and before same are macadamized in front 
of any said lot. 

Any owner of a lot or lots failing to make such connections 

at such times, the City of Durham will make said connections 
and charge the cost of same against the property. Any lot 
exceeding seventy-five feet frontage shall have one connec- 
tion or more at the discretion of the City Engineer. 


It shall be the duty of the City Engineer to give ten days’ 
notice personally or by publication in one of the newspapers 
in the City of Durham to the owners of such lots fronting or 
abutting on any of said streets, to make such connections with 
the said sewer and water mains, and after such notice, if the 
owner of such lot or lots desires to make the connections, then 
he shall so notify (within the ten days above provided for) 
the City Engineer, and such owner shall make such connec- 
tions under the direction and subject to the approval of the 
said City Engineer. 

If any owner of said lot or lots, along said streets, shall 
fail to make such connections within said time, then the city 
will make the same, the cost of the same shall be a lien upon 
the said lot or lots, and the sum shall be collected as other 
taxes of the city by the Tax Collector of the City of Durham. 


This ordinance shall apply to all streets hereafter maca- 
damized or paved within the City of Durham. 


Sec. 5. That on and after August 15th, 1909, no surface 
privy or any closet or urinal not connected with the City Sew- 
er, be allowed within the Fire District of the City of Durham. 

Any violation of this ordinance shall, upon conviction, sub- 
ject the violator to a fine of one dollar for each day the same 
is violated. 


Sec. 6. 1. That the owners of lots abutting on any street 
shall be required to make sewer, gas and water connections 
from the main lines of such street, across sidewalk to the in- 
side line of the sidewalk for each and every lot whether said 
lot be occupied or vacant. 


39 


40 


Material of which 
chimneys shall 
be constructed. 


ORDINANCES OF THE 


2. Any owner of lot failing to make such connection, 
after notice from City Engineer, shall have the costs of such 
work assessed against such lot and the work will be done by 
the City.) 

3. Every lot of seventy-five (75) feet frontage shall have 
one connection or more at the discretion of the City Engineer. 

4. It shall be the duty of the City Engineer to give ten 
(10) days’ notice personally or by publication in one of the 
newspapers of the City to the owners of such lot fronting or 
abutting on any street, to make such connections with said 
mains, and all such connections shall be made under the direc- 
tion and approval of the City Engineer. 

5. The costs referred to in Section 2, which shall be a 
lien against such lot or lots, shall be collected as other taxes 
of the City and shall be collected by the Tax Collector. 

6. This ordinance shall take effect from and after its 
adoption. 

7. All ordinances or parts of ordinances in conflict with 
this ordinance are hereby repealed. 


Sec. 7. All owners of garages situated in the City of Dur- 
ham, shall connect the same with the public sewer, under the 
direction of the Plumbing Inspector. 

Any person, firm or corporation violating this ordinance 
shall be fined the sum of five dollars, and each day this ordi- 
nance shall be violated shall be a separate offense. 


CHAPTER VE 


CONCERNING THE PREVENTION OF ACCIDENTS BY FIRE 


Section 1. No chimney shall be erected within the city 
of any other material than brick, stone, sheet-iron or terra 
cotta pipe. Any person offending against this section shall, 
upon conviction, be fined twenty-five dollars for the first month 
such chimney shall remain, after notice given by the Chief of 
the Fire Department or Chief of Police to remove the same, 
and four dollars for each succeeding month until it is removed. 


——— 


City or DurHam 


SEc. 2. To every stove erected within the city there shall 
be an iron, stone or brick hearth, extending at least one foot 
beyond the size of the stove, and the pipe to every such stove, 
if it pass through the wall or roof of the house, shall extend 
four feet from the same, shall have a cap or elbow placed 
over the end of it, and shall not be placed within eight feet of 
any building. It shall be the duty of the Chief of the Fire 
Department, from time to time, to examine the stoves in the 
city, and if they are not constructed as required by this section, 
to give directions to have them so constructed. If the owner 
shall not have them altered as directed, within one day after 
the direction is given, he shall, upon conviction, be fined ten 
dollars. 


Sec. 3. No person shall deposit wood shavings in any place 
out of doors within thirty yards of any building. Any person 
so offending shall, upon conviction, be fined five dollars for 
each offense. , 


Sec. 4. No shavings or other fuel shall be burnt in any 
street, nor shall any person carry fire out of doors unless un- 
der safe cover. Any person violating the provisions of this 
section shall, upon conviction, be fined five dollars for every 
offense. 


Sec. 5. No person shall put, or keep a plank kiln, or dry 


plank or other lumber on any plank kiln within one hundred 
feet of any house. Any person violating this section shall be 
fined ten dollars for every offense. 


Sec. 6. If any owner or occupant of any building within 
this city shall build, or allow to be built, any fire within forty 
feet of said building, or if any person shall throw fire balls 
within the city, he shall be fined five dollars. 


FIRE DISTRICT 


Sec. 7. The following is the Fire District: Beginning at 
the Southern Railway crossing of West Chapel Hill Street, 


thence along the center of West Chapel Hill Street to Great 


Jones Street, thence along the center of Great Jones Street to 
Morgan Street, thence along the center of Morgan Street to 
Morris Street, thence along the center of Morris Street to Wat- 


4d 


Stoves, etc. 


No shavings 
within 30 yards 
of a building. 


No shavings or 
fuel burnt in the 
street. 


Kilns, etc. 


Fire balls. 


42 


Inspection, 


ORDINANCES OF THE 


kins Street, thence along the center of Watkins Street to an 
alley East of Foster Street approximately parallel to the said 
Street, thence along the center of said alley to East Chapel 
Hill Street, thence along the center of East Chapel Hill Street 
to Mangum Street, thence along the center of Mangum Street, 
to Holloway Street, thence along the center of Holloway 
Street to Cleveland Street, thence with the center of Liberty 
Street West to the corner of Liberty and Church Streets 
thence along Church Street to Hicks’ line; thence East to the 
west line of Wilkerson’s lot; thence South to Parrish Street, 
thence Parrish Street East to Roxboro Street; thence along 
the center of Roxboro Street to a point eight feet South of the 
rear wall of the Y. M. C. A. Building, thence in a westerly 
direction and parallel to the rear wall of the Y. M. C. A. 
Building 125 feet, thence in a southerly direction and parallel 
to Roxboro Street 90 feet, thence in an easterly direction and 
parallel to the rear wall of the Y. M. C. A. Building to the 
center of Roxboro Street, thence along the center of Roxboro 
Street to Peabody Street, thence along the center of Peabody 
Street to Mangum Street, thence along the center of Mangum 
Street to McMannnen Street, thence along the center of Mc- 
Mannen Street to Vivian Street, thence along the center of 
Vivian Street to Blackwell Street, thence along the center of 
Blackwell Street to the North side of Pettigrew Street, thence 
along the North side of Pettigrew Street to the East side of 
Chapel Hill Street, thence along the West side of Chapel ses 
Street to the beginning. 


Sec. 8. No person shall take up, or place, or leave hot 
ashes, or ashes recently in a stove or fire-place or furnace, in 
vessels or pails of wood, or any other combustible material. 
No person shall allow old or waste paper to accumulate in 
heaps in a hallway, or on a stairway, or in a room, or in or 
under or around any building which is left or stands unlocked. 
Any person violating this ordinance shall, upon conviction, be 
fined five dollars. 


Sec. 9. It shall be the duty of the Chief of the Fire De- 
partment and the Police force, from time to time, to examine 
all such houses or places where they have reason to believe 
this ordinance is violated. 


Ciry or, DurHam 


Sec. 10. It shall be the duty of the Chief of Police on 
every occasion when the opera house is used at night to have 
one or more policemen stationed at each of the doors leading 
into the City Hall, whose duty it shall be in case of fire or 
other necessity to open said doors for the egress of those as- 
sembled, and the said policemen shall be provided with keys 
to said doors. Any person interfering with the said policemen 
in the discharge of their duties shall be fined ten dollars. 


Sec. 11. It shall be the duty of the Chief of the Fire De- 
partment to detail two or more firemen in uniform to attend 
on every such occasion when the opera house shall be used at 
night, whose duty it shall be to hold themselves in readiness 
for any emergency, and in case of fire to operate the hose 
placed at the hydrant. They shall be stationed at such places 
as the Chief of the Fire Department shall designate. The 
Chief shall see that there is always a sufficient quantity of hose 
at the hydrant in the City Hall, and that the same shall be 
kept in proper repair. Any person interfering with the fire- 
men in the discharge of their duty shall be fined ten dollars. 


Sec. 12. All smoke stacks which endanger property by 
emitting sparks from engines, situated within the fire limits of 
the city, or within one hundred (100) yards of such fire limits, 
if also within fifty (50) feet of any dwilling, shall be equipped 
with approved spark arresters so as to prevent exposure to 
fire from sparks so escaping from such smoke stacks. 

If any person, or corporation, after being notified of such 
danger, shall operate, or cause to be operated, any such engine, 
and shall use, or cause to be used, any such smoke stack with- 
out the equipment and protection above described, he shall be 
guilty of a nuisance and fined five dollars for each and every 
day that he allows the same to remain and continue. 


Src. 13. The Chief of the Fire Department shall have the 
right, at all reasonable hours, for the purposes of examination, 
to enter into and upon all buildings and premises within the 
fire district of the City of Durham, and it shall be the duty of 
said Chief of the Fire Department to visit the buildings and 
premises within the fire district, and also all churches and 
other public building in the City of Durham, twice every 
month for the purpose of inspecting the same. 


43 


Policemen sta- 
tioned at Opera 
House. 


Firemen in at- 
tendance at Opera 
House. 


Smokestacks 
equipped with 
safety appliances 


Chief Fire De- 
partment inspect 
buildings. 


44 


Restrictions as 
to storage ex- 


ORDINANCES OF THE 


That whenever said Chief of the Fire Department shall 


plosives, penalty. find in any building or upon any premises combustible material 


or inflammable conditions dangerous to the safety of such 
building or premises, he shall order the same to be removed, 
or remedied, and any occupant of any building or premises 
who fails to comply with the order of said Chief of the Fire 
Department, within forty-eight hours after said order, shall 
be fined five dollars for the first offense and one dollar for 
each day he neglects to comply with said order. 


Sec. 14. No person, firm or corporation shall keep or store 
or allow to be kept or stored under their control more than 
fifty pounds of powder, fifty pounds of dynamite, or fifty 
pounds of like explosive within the city limits. Any person, 
firm or corporation violating this ordinance shall pay a fine of 
twenty-five dollars for each and every offense, and each day 
any such explosives in excess of these amounts are allowed to 
remain so stored or kept, shall constitute a separate offense. 


Sec. 15. That it shall be unlawful for any person, firm 
or corporation on and after March 15th, 1909, to operate a 
moving picture show in the City of Durham, without first pro- 
viding rear exit indicating by a red light on which shall be dis- 
played the word “Exit,” in the room where such moving pic- 
ture show is to be operated. 


Any person, firm or corporation violating this ordinance 
shall, upon conviction, be fined Twenty-five dollars and each 
day this ordinance is violated shall constitute a Separate 
offense. 


Sec. 16. It shall be unlawful for any person, firm or cor- 
poration to store or keep on hand at any one time, in any 
tailoring shop, pressing club or other like establishntent under 
this control, exceeding one gallon of gasoline, benzine or nap- 
tha, except in a vault or tank erected for that purpose. All 
such vaults or tanks shall be erected or constructed under the 
supervision of the City Engineer and Chief of the Fire Depart- 
ment of the City of Durham, after permission first had from 
the Board of Aldermen. The Board of Aldermen reserve the 
right to revoke, change, modify, repeal or amend this ordi- 
nance at any time it shall become objectionable or dangerous 


City or DurHam 


to adjacent property, or for any other reason which they may 
deem proper. 

Any person, firm or corporation violating this ordinance 
shall, upon conviction, be fined ten dollars. 


Sec. 17. That for the purpose of regulating the storage, 
sale and use of naptha, benzine and gasoline within the cor- 
porate limits of the City of Durham, the following is hereby 
ordained :— 

1. No person, firm or corporation, without first obtain- 
ing a permit from the Chief of the Fire Department, shail 
within the corporate limits of the City of Durham, have, store, 
keep, manufacture, use or sell gasoline, benzine, or naptha, 
except as hereinafter provided, and then only if kept in self- 
closing metal cans made for the purpose and free from leak; 
Provided, however, One gallon or less may be kept within a 
building without obtaining a permit therefor; and, Provided 
further, no can shall be filled within the building. 

Application for a permit shall be made to the Chief of the 
Fire Department in writing, and shall state location of the 
building and the quantity of benzine, gasoline or naptha it is 
desired to keep on storage or sale; Provided, however, No 
provision in this ordinance is intended.to prohibit the carrying 
of gasoline in the storage tanks of automobiles or other gaso- 
line driven vehicles. 

2. No permit shall be used for the storage or keeping for 
sale or use of gasoline, benzine or naptha, exceeding ten 
gallons in quantity, save in underground (buried in the 
ground) metal tanks, with no opening for draining off con- 
tents below the level of the ground but to be drawn from 
by pumps. Such tanks shall be constructed of steel, or iron 
galvanized or painted, and of suitable thickness and weight, 
and shall be provided with a fill and vent-pipe, so arranged 
that the fill pipe cannot be connected without opening the 
vent; and also, these pipes shall be provided with a screen 
near the top and terminating in an iron cover, which shall 
be kept locked. 

Said tank shall be buried at least two feet underground, 
and no tank capable of holding more than three hundred gal- 
lons shall be permitted within 100 feet of building; but any 


Or 


46 


ORDINANCES OF THE 


such tank containing less than three hundred gallons, if prop- 
erly buried, may be located within ten feet of building; but 
no dealer shall sell or deliver any quantity of gasoline, benzine 
or naptha to any customer except in metallic cans, with prop- 
er appliances for automatically closing the aperture when 
cans are not being used for filling or empting or through hose 


‘connection; provided further, that no dealer shall draw any 


quantity of gasoline, benzine or naphtha, for sale or otherwise 
after dark, or in the day time when artificial light, other than 
incandescent electric light is being used. 

3. Not exceeding ten (10) gallons may be kept outside 
of the building, and less than thirty feet therefrom, provided 
same be kept in closed metal cans or other vessels free from 
leak. 

Not exceeding one gallon may be kept in the building with- 
out a permit therefor, provided that same is contained in ap- 
proved self-closing cans made for the purpose; or not exceed- 
ing five gallons may be kept in the building if contained in 
approved self-closing cans made for the purpose, provided 
that no such can has capacity in excess of one quart; and all 
cans used for this purpose to be free from leak and be filled 
outside of the building, except in case of drug, hardware or 
paint and oil stores only not exceeding ten (10) gallons 
may be kept in approved self-closing metal cans or other 
vessels made for the purpose and free from leak. 

4. Where the system known as gasoline vapor gas light 
is used in any building, the tanks and reservoirs used in con- 
nection therewith shall be located outside of, and three feet 
from any opening into such building, and shall be boxed or 
enclosed under lock and key and below the level of the low- 
est pipe of the building used in connection with such light- 
ing apparatus. And it shall be unlawful for any person, 
firm or corporation to sell or install any system or device for 
lighting gasoline which has not been tested and listed as per- 
mitted by the National Board of Fire Underwriters, and 
any stich installation shall conform in every respect to the 
rules of said National Board, which rules are hereby adopted 
and shall have full force as if set forth in this ordinance. 


Crry or DurHam 


All installations of this character shall be subject to in- 
‘spection of the Chief of Fire Department, and it shall be 
unlawful to install any such system without first obtaining a 
permit therefor from him or to use such system until the 
inspection shall have been made and permission granted for 
the use of the same by the said Chief. 


5. All persons, firms or corporations failing to comply 
with or violating any of the terms of this ordinance shall be 
guilty of a misdemeanor, and upon conviction be fined $25.00. 

6. All ordinances or parts of ordinances in conflict with 
the above are hereby repealed. 


CHAP THR Vil 
CONCERNING THE FIRE DEPARTMENT 


Section 1. That all the powers and duties hereinafter 
vested in and imposed upon the Fire Department, or any 
member or officer thereof, shall be exercised and performed 
under the supervision and control of the Committee on Fire 
Department; and all applications or recommendations to the 
Board of or concerning the Fire Department shall be con- 
sidered by the Board only after a report thereon by said Com- 
mittee on the Fire Department. 


SEc. 2. That the officers of the Fire Department of the 
City of Durham shall consist of a Chief, Captain Hose Com- 
pany No. 1, Captain Hose Company No. 2, and such other 
officers as the Board of Aldermen may determine. 

The Chief of .the Fire Department shall also be Super- 
intendent of the Electric Fire Alarm. His rate of compen- 
sation shall be fixed by the Board of Aldermen, and he shall 
not be a regular, nor honorary member of any fire depart- 
ment in the City while holding said office. He shall give his 
full time to the discharge of the duties of his office and perform 
such duties as are now required or hereafter to be required 
of him by the Board of Aldermen of the City of Durham 
and shall not engage in any other business or hold any other 
position while in such office. 


47 


Under supervision 
of fire committee. 


48 


Interference or 
meddling with 
the department. 


False alarms. 


Reward for of- 
fenders. 


Interference with 
alarm. 


ORDINANCES OF THE 


Sec. 3. The Chief of the Fire Department shall be under 
the supervision of the Police and Fire Commission, have con- 
trol of said department, and shall perform all the duties herein 
imposed or which may hereinafter be imposed upon him. 


Sec. 4. Within ten days after notification of his election 
the Chief of the Fire Department shall nominate to the Police 
and Fire Commission a Captain of Hose Company No. 1 and 
also a Captain of Hose Company No. 2, who shall be elected 
by the Police and Fire Commission and give their full time 
to the discharge of their duties and receive such compensation 
as the Board of Aldermen may determine. 


In the absence or inability of the Chief to perform his du- 
ties the duties of the Chief of the Fire Department shall first 
devolve upon and be performed by the Captain of Hose Com- 
pany No. 1, and in the absence and inability of both the Chief of 
the Fire Department and the Captain of Hose Company No. 1 
the duties of Chief of the Fire Department shall devolve upon 
and be performed by the Captain of Hose Company No. 2. 


Sec. 5. That if any person interfere with a fireman in the 
discharge of a duty, or loiter about the house or houses used 
by the department, or meddle with the reels, hose or appara- 
tus heretofore mentioned, said person shall be fined ten dollars 
for each offense. 


Sec. 6. That should any person knowingly give, or cause 
to be given, any false alarm of fire, by means of the fire alarm 
telegraph or otherwise, he shall be fined twenty-five dollars 
for each offense: Provided, That alarm for the purpose of 
testing the fire alarm telegraph or the apparatus of the depart- 
ment, may be given by the chief or any one under his direction. 


Sec. 7. That authority is hereby given the Mayor to offer 
a reward of fifty dollars, or less, for the apprehension and 
conviction of any person or persons who shall knowingly 
give, or cause to be given, any false alarm of fire by means 
of the fire alarm telegraph or otherwise. 


Sec. 8. That if any person interfere with the fire alarm 
telegraph, or injure any of the poles, wires, boxes or other 
apparatus connected with said telegraph, such person shall be 
fined twenty-five dollars for each offense. 


Crry or Dturuam 


Sec. 9. No person nor corporation shall be allowed to 
string any wire above the fire alarm wires. Any person or 
corporation violating this ordinance shall be fined fifty dollars 
for each offense. 


Sec. 10. That in the event of an alarm of fire, the appara- 
tus of the Fire Department shall have right-of-way in and 
upon the streets, lanes, alleys, squares and railroad crossings 
in going to any fire, or being upon such streets, lanes, alleys, 
squares or railroad crossings. Any person obstructing or neg- 
lecting to make way for any such apparatus shall be fined ten 
dollars for each offense. 


Sec. 11. No person except a member of the Fire Depart- 
ment shall mount or ride any of the fire wagons or apparatus 
while the same is going to or returning from a fire. Any per- 
son violating this ordinance shall, upon conviction, be fined one 
dollar. 


Sec. 12. That it shall not be lawful for any person whom- 
soever to ride or drive a vehicle through the streets, lanes, 
alleys or squares in which the Fire Department is-assembled 
for the purpose of extinguishing a fire, nor to ride or drive a 
vehicle across a line of hose while in use, and should any per- 
son attempt to ride or drive as aforesaid, he shall be deemed 


guilty under this ordinance and shall be fined ten dollars for 


each offense. 


Sec. 13. That it shall not be lawful for any persons to con- 
gregate in the streets, lanes, alleys or squares next to the fire, 
so as to interfere with the Fire Department. Any person vio- 
lating this ordinance shall be fined ten dollars for each offense. 


Sec. 14. No company shall be permitted to leave the city 
with its apparatus unless permission is given by the Chief and 
Police and Fire Commission. 


Sec. 15. That the Chief, Captain of Hose Company No. 1, 
Assistant Chief, Captain of Hose Co. No. 2, be and they are 
hereby invested with the powers of a police officer of the City 
in so far as to make arrests for the violation of any of the 
provisions of this chapter. 


Sec. 16. That during the continuance of any fire, the chief 
or assistant chief, or any member of the Police and Fire Com- 


49 


No wires above 
fire alarm. 


Apparatus to 
have right of 
way. 


Only firemen to 
ride on wagons. 


No riding or driv- 
ing where the de- 
partment is as- 
sembled. 


No crowds to 
congregate. 


Not to leave city 
without permis- 
sion. 


May call on per- 
sons to assist. 


50 


When building 
pulled down. 


Mayor in charge 
of police depart- 
ment during 
fires. 


No liquors in 
fire houses. 


Cars to stop. 


ORDINANCES OF THE 


mission, or either of the Captains acting as chief, or the Mayor 
shall have power to call out any and all persons to assist in ex- 
tinguishing the same, or in pulling down or blowing up any 
building, or in removing any building, or removing any goods 
or furniture from any building on fire or in danger, to some 
place of safety, or to assist in making arrests. Any person 
failing to obey any order given for any of the purposes afore- 
said shall, upon conviction before the Recorder, be fined ten 
dollars: Provided, That no building shall be pulled down, nor 
in any way destroyed, without the advice and consent of a ma- 
jority of such members of the Police and Fire Commissioners 
as may be present; or, if none of such Commissioners be 
present, then not without the consent of a majority of such of 
the officers of the Fire Department as are present. 


Sec. 17. That in case of fire it shall be the duty of the 
Mayor to attend and take charge of the Police Department. 
In case of the removal or exposure of property, he shall detail 
a sufficient number of citizens, not members of the Fire De- 
partment, who shall constitute an auxiliary police force, whose 
duty it shall be, under the direction of the Mayor, to guard all 
exposed property, and to detain all suspicious and disorderly 
persons, and to do whatever may be lawfully done to protect 


‘the rights of the citizens and preserve the public peace during 


the continuance of such fire. In case the Mayor is not present, 
the duties above set out shall devolve upon the Chief of Police. 


Sec. 18. That no spirituous, vinous or malt liquors shall 
be allowed in any house where any apparatus of the Fire De- 
partment is kept, or at any fire, unless by the express order of 
the chief and one or more members of the Committee on Fire 
Department. Any officer or member who is intoxicated at or 
about any house used by the Fire Department, or any fire, shall 
be subject to dismissal. 


Sec. 19. That in the event of an alarm of fire, street cars 
upon the streets over which any apparatus of the Fire Depart- 
ment shall pass, shall be stopped, and shall remain so until 
such apparatus shall have passed, and no motorman or any 
other person upon such car, shall ring or cause to be rung, the 
gong or bell on such car. Any person violating this section or 
any part thereof shall be fined ten dollars. 


City or DurHam 


51 


Sec. 20. That if any wagon, street car or other vehicle be Vehicles not to 


wilfully driven over the hose belonging to the Fire Department bese. 


or used in sprinkling streets or flushing sewers or gutters, the 
driver or owner thereof shall be fined five dollars. 


Sec. 21. It shall be unlawful for any person to obstruc= 
with building material or otherwise any fire plugs such as 
would in any way obstruct or interfere with the approaches to 
the same or use by the fire department. Each day that such 
obstructions are continued shall constitute a new and separate 
offense. Any person violating any of the provisions of this 
ordinance shall, upon conviction, be fined twenty-five dollars 


Sec. 22. Any person who shall wilfully injure, destroy, 
deface or carry away any of the apparatus, equipment or im- 
plements belonging to the Fire Department of the City of 
Durham, shall, upon conviction thereof be fined twenty-five 
dollars. 


Sec. 23. Apparatus belonging to the fire department shall 
not be loaned to any person or persons for any purpose what- 
soever, under penalty of five dollars to be forfeited by the per- 
son or persons loaning the same to be deducted from the salary 
of such persons. 


Sec. 24. It shall be unlawful for any person to smoke or 
carry lighted cigars, cigarettes or pipes in the Academy of 
Music, Hall and dressing rooms of that part of the Municipal 
Building known as the Academy of Music. 

Any person violating this ordinance shall, upon conviction, 
be fined twenty-five dollars. 


Sec. 25. (1) The City Electrician is hereby authorized 
empowered and directed to regulate and determine the placing 
of electric wires or other appliances for electric lights, heat or 
power in the City of Durham, and to cause all such wires or 
appliances to be so placed, constructed and guarded as not to 
cause fires or accidents endangering life or property. 

(2) The City Electrician shall have the right in the dis- 
charge of his duties to enter any building, manhole or subway, 
or to climb any pole or tower for the purpose of examining 
and testing the electrical appliances therein or thereon con- 
tained and for that purpose he shall be given prompt access 


riven over 


ORDINANCES OF THE 


to all buildings, public and private, and to all manholes, sub- 
ways, poles or towers, upon application to the individual or 
company owning or in charge of the same. Whenever an elec- 
tric wire or appliance shall be defective through improper or 
insufficient insulation, or for any other reason, he shall at once 
cause the removal of such defect or defects at the expense of 
the owners of such wire or appliances. 


(3) No alteration shall be made in the wiring of any 
building for light, heat, or power or increase in the load car- 
ried by such wires, nor shall any building be wired for electric 
lights, motors or heating devices without a written permit 
therefor from the City Electrician. 


(4) Upon the completion of the wiring of any new build- 
ing for light, heat, or power, and old buildings before the floor 
is replaced, it shall be the duty of the company, firm or indivi- 
dual doing the same to notify the City Electrician, who shall 
at once inspect such wiring and appliances, and if approved 
by him he shall issue a certificate of satisfactory inspec- 
tion, which shall contain the date of such inspection and an 
outline of the result of his examination, but no such certificate 
shall be issued unless such electric wiring and appliances be in 
strict conformity to the rules and regulations prescribed or re- 
quired by these ordinances, nor shall current be -turned on 
such installation until such certificate be issued. 


(5) All electric construction, all material and aH appliances 
used in connection with electrical work, and the operation of 
all electrical apparatus within the City of Durham shall con- 
form to the rules and requirement of the National Board of 
Fire Underwriters for the installation of wiring and appara- 
tus for electrical purposes as they are now established or may 
hereafter be amended; and the said rules and regulations are 
hereby adopted and approved as a part of this ordinance. 


(6) Every person, firm or corporation desiring to engage 
in the business of electrical construction and of the installation 
of wiring and apparatus for electric light, heat or power in the 
City of Durham, shall before doing so give a justified bond in 
the sum of five hundred dollars to be approved by the Board 
of Aldermen and obtain a license therefor, the fee for which 
shall be twenty-five dollars, which shall be paid into the treas- 


City or DurHam 


ury of the City before such license shall become effective. 


Said license shall be issued by the Chief of Police after the 


payment of the fee above mentioned. 


Any person, firm or corporation found doing electrical 
work in the City of Durham without license shall be subject 
to a fine of fifty dollars. 


(7) It shall be the duty of the City Electrician to so direct 
the placing of poles and wires in the streets, alleys and public 
places, of the City, that the same shall cause as little obstruc- 
tion as possible either to public travel on such thoroughfares 
or to the private use and enjoyment of adjacent property. 

If shall be his duty and he shall have the authority, to com- 
pel the removal of unsafe or superflous poles or towers. 

(8) Any person or company owning and using any such 
poles or towers who shall fail or refuse after five days notice 
from the City Electrician to remove any pole or poles, or towers 
deemed by him unsuitable, unsafe or improperly located, or 
the location of which he shall require to be changed, shall, up- 
on conviction be fined five dollars. And the erection or use 
of any poles or towers rejected or condemned by the City 
Electrician shall subject the offender upon conviction to a like 
penalty. 

(9) ‘The City Electrician shall cause all wires, except tele- 
phone wires that have not been used for more than thirty 
days, and which are known as dead wires, to be removed at 
once at the expense of the owners of such wires. All dead 
wires of telephone companies shall be detached from the 
buildings with which they have been connected. 

(10) On any pole of any electric light, tower, street rail- 
way, telephone or telegraph company, used jointly by two or 
more such companies, each company shall be allotted a special 
zone, and shall confine its wires to that zone. Spaces shall be 
measured from the tops of poles downward, and the utmost 
zone on every pole shall at all times be reserved for the free 
use of the City in stringing its fire alarms or police telegraph 
Wifes. 

(11) The City Electrician shall keep a full and complete 
daily record of all work done, permits and licenses issued, 
examinations made, and other official work performed as re- 


4 g 


53 


ORDINANCES OF THE 


quired by this ordinance, and he shall make a report thereof 
to the Police and Fire Commission as called for by them. 


(12) Whenever builders or persons engaged in repairing, 
painting, etc., find it necessary to remove wires from buildings 
in prosecuting their work the owner of such building or the 
contractor engaged thereon shall serve the City Electrician 
with written notice twenty-four hours before such contemplat- 
ed work is begun and said City Electrician shall have authority 
in his discretion to direct the owners of such wires to remove 
the same. 

(13) Any person, firm or corporation who shall see fit to 
do so may appeal from the orders or decisions of the City 
Electrician to the Police and Fire Commission, provided such 
an appeal is made within five days after the said order of the 
City Electrician. 

(14) That any person, firm or corporation that shall fail 
to correct any defect or defects in his work after having been 
duly notified within ten days by the City Electrician or within 
ten days after his appeal therefrom is considered by the Police 
and Fire Commission and their decision made, shall not receive 
any further permit until such defect or defects have been cor- 
rected ; and in any case in which any person shall continue to 
or persist in violating the orders of the City Electrician touch- 
ing the same, the license of such person shall be forfeited. 


(15) In any case of failure to comply with this ordinance 
the City Electrician, shall have authority after due notice to 
cut out the lights or current in any locality concerned and to 
enforce discontinuances of the same until the said requirements 
are complied with. 

(16) Any person, firm or company who shall violate any 
of the provisons of this chapter for which no specific penalty 
has been provided, or shall fail, neglect or refuse to comply 
with any order of the City Electrician given in pursuance of 
and by authority of this ordinance and the rules embraced 
therein, shall, upon conviction, be fined ten dollars for each 
offense. 

(17) All ordinances or parts of ordinances in conflict 
with the provisons of this chapter are hereby repealed. 


Src. 26. (1) That any person, firm or corporation hay- 


— =  - . 


City or DurHam 


ing, operating, owning, constructing or maintaining electric 
theatres or auditoriums, play houses or other buildings open 
to the public, where moving pictures are displayed, shall com- 
ply with the terms of this ordinance, and this ordinance is here- 
by made applicable to electric theatres or auditoriums, play 
houses or other buildings open to the public, where moving 
pictures are displayed, or similar auditoriums or theatres now 
existing as those hereafter constructed, but existing theatres 
are given thirty days within which to comply with this ordi- 
nance. 

(2) That such theatres or auditoriums hereinafter called 
electric theatres shall not be constructed, fitted up, operated or 
licensed until a permit therefor has been issued by the Board of 
Aldermen through the City Electrician. Said officer is hereby 
directed and authorized to issue such permit for electric thea- 
tres provided they are constructed in accordance with plans 
approved by him, which plans secure the safety of persons 
patronizing the same. 

(3) That all wiring in such theatres shall be installed 
under the direct supervision of the City Electrician, and when 
he condemns any such wiring the same shall be reinstalled 
under his direction and approval, and where he condemns 
wiring hereinafter installed the same shall likewise be rein- 
stalled, and in all cases where the owners or operators of such 
electrical theatres refuse to conform to the directions of the 
City Electrician in the matters herein mentioned the license 
therefore shall be ipso facto void, and such electric theatres 
shall be immediately closed as unsafe for patronage. 

(4) That all fuses used in connection with the lights illu- 
minating the parts of the house, room or auditorium used by 
the audience must be installed in fire-proof inclosures, and so 
constructed that there will be a space of at least six inches be- 
tween the fuse and the sides and faces of the inclosures. 

(5) That all exits shall be plainly indicated by a sign on 
separate supply from the other parts of the house, or the same 


-shall be illuminated by other than electricity and bear the 


word “EXIT”, the letters to which must not be less than four 
inches in height, and there must not be more than one set of 
fuses in any “Exit” sign circuit between the surface fuses 
and signs. 


55 


56 


ORDINANCES OF THE 


(6) That inside lights and all lights in the halls, corridors 
or any other part of the building used by the audience, except 
the general auditorium lights, must be fed independently of the 
stage light and must be controlled only from the lobby or other 
convenient place in the front of the house, and there must 
be two circuits into the auditorium, one controlled by the 
operator in booth and one controlled from without the audi- 
torium, in lobby or without the entrance. 


(7) ‘That every portion of the building devoted to the use 
or accomodation of the public, all outlets leading to the streets, 
all open courts, corridors, hallways and exits shall be thorough- 
ly lighted during every performance, and the same shall remain 
lighted until the entire audience has left the premises. One 
sixteen candle power incandescent lamp or the quivalent there- 
of for every four hundred square feet of floor surface is here- 
by ordained as sufficient illumination. All doors must open 
outward. 

(8) That each arc lamp, used as a part of the moving pic- 
ture machine, must be constructed as specified in the National 
Electrical Code, and the wiring of same must not be of less 
capacity than No. 6, B. & S. guage. 

(9) That rheostats must conform to rheostat require- 
ments of the National Electrical Code. 


(10) That top and bottom reels must be encased in an 
iron box, which boxes shall have holes only large enough for 
films to pass through. 

No solder to be used in the construction of these boxes. 

(11) That the handle or crank used for operating the 
machine must be secured to the spindle or shaft, so that there 
will be no liability of such handle or crank coming off or al- 
lowing the film to stop in front of the lamp. 

(12) That an automatic shutter must be placed in front 
of the condenser, arranged so as to be closely normally. 

(13) That extra films must be kept in a metal box having 
a tight fitting cover. 

(14) That such machines must be operated by hand. 
Motor driven machines are ‘hereby prohibited. 

(15) That the picture machine must be placed in an en- 
closure or house made of or lined with fire-proof material, 


Ciry or DurHam 


thoroughly ventilated to the outside of the building, and large 
enough for the operator to walk. freely on either side or back 
of the machine. 

Such enclosure or house must have no opening into the 
auditorium other than the opening where the light of the pic- 
ture is emitted, and this opening must be provided with fire- 
proof covering or door, hinged with spring hinges, opening by 
a trigger which is in reach of the operator so that it can be 
released by hand, which door must be constructed:so that it 
can be securely closed. 


Furthermore, if the City Electrician shall decide that the 
arrangements are such as would require it, such door must be 
so arranged that it may be released automatically. 


All other openings such as vents and entrances to the en- 
closure, must open into some other part of the building or 
theatre than the main auditorium. 


No electrical fixtures or material of any kind will be per- 
mitted into the operating booth other than the picture machine 
and its accessories. 


(16) ‘That any person, firm or corporation, their agents 
or employees, constructing, operating or managing electric 
theatres or auditoriums where moving pictures are displayed 
or similar theatres, in violation of the terms of this ordinance 
shall, upon conviction, be fined ten dollars, each day’s operation 
to be held a separate offense. 


(17) All electrical work must conform to the require- 
ments of the National Electrical Code. 

(18) That all ordinances and parts of ordinances in con- 
flict with this ordinance be and the same are hereby repealed. 


Sec. 27. AN ORDINANCE TO GOVERN THE INSTALLATION 
oF Heatinc DEVICES, EITHER STEAM, Hot WATER oR WARM 
AIR, IN ANY BUILDING IN THE City oF DuRHAM. 


(1) From and after the passage and promulgation of this 
ordinance, any party, the owner, architect, or contractor, con- 
templating or proposing to install in any building in the City 
of Durham, a steam, or hot water, or warm air heating appara- 
tus, shall, before starting the work, apply to the City Building 
Inspector for a permit to do such work, and must accompany 


57 


58 


ORDINANCES OF THE 
his application for a permit with a description of the ap- 
paratus proposed to be installed. 

(2) No work toward the installation of any heating ap- 
paratus shall be commenced or proceeded with until said 
drawings and descriptions shall have been submitted to any 
approved by the City Building Inspector and his permit there- 
for obtained. 

(3) All heating devices in both public and private build- 
ings shall be executed in accordance with the rules and regu- 
lations hereinafter given. ; 

(4) Notice of additions, repairs or alterations shall be 
given to the Building Inspector before same are commenced, 
and the work shall be done in accordance with the rules and 
regulations governing such work. 

(5) All materials must be of the best, free from defects, 
and all work must be executed in a thorough and workmanlike 
manner. 

(6) SMoxE Pipes THROUGH Roors. No smoke pipe shall 
pass through the roof of any building unless a special permit 
be obtained from the City Building Inspector for the same. If 
a permit is to be granted, then the roof through which the 
smoke pipe passes shall be protected in the following manner: 
A galvanized iron ventilated thimble of the following dimen- 
sions shall be placed: in the case of a stove pipe, the diameter of 
the outside guard shall not be less than twelve inches larger 
and the diameter of the inner one eight inches larger than the 
smoke pipe; for all furnaces, or where similar large, hot fires 
are used, the diameter of the outside guard shall not be less 
than eighteen inches larger than the pipe. The smoke pipe 
thimbles should extend from the underside of the ceiling or 
roof beams to at least six inches above the roof to keep out 
the weather, and they shall have openings for ventilation at 
the lower end where the smoke pipes enter, also at the top of 
the guards above the roof. 

Where a smoke pipe of a boiler passes through a roof, the 
same shall be guarded by a ventilated thimble, same as before 
specified twenty-four inches larger than the diameter of the 
smoke pipe of the boiler. 

For stacks of wood burning or direct flues boilers where 


City oF DurHam 


stacks are hot or where forced draft is used, the above speci- 
fication for double ventilators shall also apply. 

(7) Apparatus. If a steam heating apparatus is to be in- 
stalled, the boiler shall be referred to as a “steam heating boil- 
er,” and described clearly whether it be a “‘cast fron sectional,” 
wrought iron or steel, horizontal or vertical flue, fire or water 


tube, brick set or self contained. 


If a hot water heating apparatus is to be installed, the boiler 
shall be described and referred to as a “hot water boiler,” and 
clearly described as provided for with safety valves, try cocks, 
water and pressure guages, and stand a hydrostatic pressure 
of 100 pounds. 

(8) Steam Prees AnD RapratTors. All iron or steam pipes 
conveying steam from the boiler to radiators, stacks or 
coils, and all pipes carrying condensation back to the 
boiler, shall be kept fully one (1) inch from all wood 
work, unless the wood work is protected by a metal 
shield, then the distance shall not be less than one-half (1-2) 
inch. All steam or condensation pipes passing through floors, 
or ceiling, or lathed and plastered partitions shall be protected 
by a metal tube one inch larger in diameter than the pipe, 
having a metal cap at the floor; and where they run in a hori- 
zontal direction between a floor and ceiling, a metal shield 
shall be placed on the underside of the floor over them and on 
the side of wood beams running parallel with said pipe. 


All wood boxes or casings enclosing steam coils or stacks, 
and all wood covers to recesses in walls in which steam pipe 
coils or radiators are placed, shall be first protected with at 
least one-sixteenth inch asbestos paper, and then covered with 
IC or IX bright tin or galvanized iron, securely nailed on. 


(9) No steel or iron pipe conveying hot water to radiators, 
coils or stacks, or back to the boiler, shall come in contact with 
any wood work, unless the wood work be first protected with 
at least one-sixteenth inch asbestos paper, and the asbestos 
paper be then covered with IC or IX tin or galvanized iron, 
securely nailed on. Iron casing pipes or floor plates may be 
substituted for the asbestos and metal covering if preferred. 

(10) Hor Arr Fives anp VENT Ducts. All hot air flues 
and shafts shall be lined with IC or IX tin or galvanized iron 


a. 


59 


60 


ORDINANCES OF THE 


or burnt clay pipe. No wood casing furred or lathed shall be 
placed against or cover any smoke flue or metal pipe used to 
convey hot air or steam. 


(11) Horizontal hot air pipes shall be kept six inches be- 
low floor beams or ceilings. 

If floor beams or ceilings are plastered or protected by 
asbestos, at least one-sixteenth inch and covered with tin or 
galvanized iron, then the distance shall not be less than one 
inch: -\y7 

(12) Pipes in stud partitions shall be built in the follow- 
ing manner: The pipe shall be at least one inch space between 
pipes and stud-on each side and the outside face over ducts 
shall be made of iron laths. When hot-air pipes pass through 
partitions, they shall be at least eight feet from furnace. The 
hot air pipe shall be asbestos covered. 


(13) Where hot air pipes pass through wooden or stud 
partitions they shall be guarded by a double collar of metal, 
with two inches of air space, and holed for ventilation, or by 
at least four inches of brick work. 

(14) No hot air flues or pipes shall be allowed between 
any combustible floor or ceiling or partitions, unless the pipes 
be double and the adjacent wood work be entirely covered 
with at least one-sixteenth inch asbestos paper, and the paper 
then covered with IC or IX bright tin or galvanized iron, 
securely nailed on to wood work. All double pipes referred to 
above shall be so braced or supported as to retain their rela- 
tive position one with the other, and maintain one-half inch 
air space between them. 


(15) Recisters. Registers located over a brick furnace 
shall be supported by a brick shaft built up from the cover of 
the hot air chamber, said shaft shall be lined with metal pipe, 
and all wood work of any kind shall be trimmed away at least 
four inches from it. Where a register is placed in any wood 
work, in connection with a metal pipe, or duct conveying hot 
air, the end of said pipe, or duct, shall be provided with a 
register box, the top of which shall be removable so as to 
clean out dust or sweepings. 


(16) RecistTerR Box. All register boxes shall be double 
and made of IC or IX bright tin or galvanized iron, with holes 


Ciry or DurHam 


around the collar for ventilation, and with flange on top to 
fit the groove in the frame, the register to rest upon the same. 
There shall be an open space of at least two inches on all sides 
of the register box, extending from the underside of the border 
to and through the ceiling below. 


The said openings shall be fitted with a bright tin or gal- 
vanized iron casing, and the upper end shall be turned under 
the frame. 


All wood work to be covered with at least one-sixteenth inch 
asbestos paper before the tin is put on. When a register box 
is placed on the floor over a furnace, the open space on all 
sides of the register box shall not be less than three inches, and 
fitted with a tight tin or galvanized iron box as above described. 


(17) BorttEers For STEAM or Hor Water. A brick-set 
boiler shall not be placed on any wood or combustible floor or 
beam wood or combustible floors and beams under and not 
less than three feet in, from or on the sides of all boilers, 
shall be protected by a suitable brick foundation of not less 
than two courses of brick, well laid in mortar on sheet iron. 
The said sheet iron shall extend not less than twenty-four 
inches outside of the foundation on side and front bearing 
lines of bricks laid on flat, with air spaces between them, and 
shall be placed on the foundation to support a cast iron ash 
pan of suitable thickness, on which the base of the boiler shall 
be placed, and shall have a flange, turned up in front and on 
the sides, four inches high; said pan shall be in width not less 
than the base of the boiler, and shall extend at least two feet in 
front of it. ; 


If a boiler is supported on cast iron base with the bottom 
of the required thickness for an ash pan and is placed on bear- 
ing lines of brick in the same manner as specified for an ash 
pan, then the ash pan shall be placed in front of the said base 
and shall not be required to extend under it. All lath and plas- 
ter and wood ceilings and beams, over and to a distance of 
not less than four feet in front of all boilers, shall be shielded 
with metal. The distance from the top of the boiler to said 
shield shall not be less than twelve inches. No combustible 
partition shal be within four feet of the sides and back, and 
six feet in front of any boiler unless said partition shall be 


61 


62 


Keeping dis- 
orderly houses or 
renting same. 


ORDINANCES OF THE 


covered with metal to the height of at least three feet above the 
floor, and shall extend from the end of back of the boiler to 
at least five feet in front of it; and then the distance shall not 
be less than two feet from the sides and five feet from the 
front of the boiler. 

An air space of not less than one inch shall be maintained 
between said shields and any wood work protected by them. 

(18) Furnaces. All brick set, hot air furnaces shall 
have two covers, with an air space of at least four inches be~ 
tween them. The inner cover of the hot air chamber shall be 
either a brick-arch or two courses of brick laid on galvanized 
iron or tin supported on iron bars. ‘The outside cover, which 
is the top of the furnace, shall be made of brick or metal sup- 
ported on iron bars and so constructed as to be perfectly tight 
and shall not be less than four inches below any combustible 
ceiling or floor beams. 

The walls of the furnace shall be built hollow in the 
following manner: one inner and one outer wall, each of four 
inches in thickness properly bound together with an air space 
of not less than three inches between them. The cold air boxes 
of all hot air furnaces shall be made of metal, brick or other 
non-combustible material for a distance of at least ten feet 
from the furnace. All hot air furnaces shall be placed at least 
two feet from any wood or combustible partitions or ceilings, 
unless the partitions or ceilings are properly protected by metal 
shields, when the distance shall not be less than twelve inches. 

Wood floors under all furnaces shall be protected as pro- 
vided for in article 17, referring to steam and hot water boilers. 

Any person, firm or corporation violating this ordinance or 
any part thereof shall, upon conviction, be fined fifty dollars. 


CHAPTER VIII 


DISORDERLY HOUSES, DRUNKENNESS, GAMING TABLES, 
FIRING GUNS, ETC. 


SEcTION 1. Every person who shall keep a disorderly 
house, or house of ill-fame, within the limits of the city, and 
any person who shall knowingly rent any house to be used as 


Ciry or Duruam 


a house of ill-fame, shall, upon conviction, be fined ten dollars 
for every day the house is so kept, and all adult persons living 
in such shall be considered the keepers thereof and be liable 
to this section. 


Sec 2. If any occupant of any disorderly house shall re- 
fuse to open his or her doors and give entrance to any officer 
of the city or member of the police, demanding admission for 
the purpose of suppressing disorderly conduct therein, he or 
she shall, upon conviction, be fined ten dollars. 


Sec. 3. Every person engaged in boisterous cursing and 
swearing, or using vulgar or indecent language in any street, 
house or elsewhere in the city, and every person drunk in the 
streets, alleys or any public place in the city, or disturbing 
the peace and quiet of the city, or violating the rules of decency 
shall, upon conviction, be fined five dollars for each offense; 
and all persons found lying drunk on the streets, alleys or other 
public places of the city, shall be taken and lodged in the guard 
house for safe keeping. 


Sec. 4. Any person who shall do any obscene act in any 
public place, or write obscene language, or make obscene marks 
or drawings on any wall in any public place, or shall use in- 
decent or vulgar language on the streets of the city, or affix 
any obscene, vulgar or indecent advertisement, picture or bill, 
to any house, fence, post or wall, with or without the consent 
of the owner, or affix advertisements or bills to private houses, 
fences or posts, without consent of the owner, shall be fined 
five dollars for every such offense. 


Sec. 5. Any persons guilty of disorderly conduct, or be- 
having in a boisterous or indecent manner, at any public enter- 
tainment, or creating any manner of disturbance at the entrance 
thereto, or who shall in any way disturb or annoy the audi- 
ence at the above mentioned place, shall be fined twenty-five 
dollars. 


Src. 6. Every person found drunk on the streets, on foot 
or vehicle, or staggering along the streets, or otherwise being 
guilty of disorderly or unbecoming conduct, shall be fined five 
dollars. 


63 


Refusing to 
open doors. 


Boisterous curs- 
ing, swearing, 
etc. 


Obscene lan- 
guage, marks, 
drawings, pic- 
tures, etc. 


Disorderly or 
boisterous con- 
duct at public 
entertainments, 


Drunk on streets. 


64 


Lewd women on 
streets. 


Disorderly or in- 
sulting conduct. 


Shooting guns 
and other fire- 
arms, etc. 


Games in streets. 


forbidden. 


No “drumming” 
on streets or in 
warehouses. 


Second-hand 
clothing. 


ORDINANCES OF THE 


Sec. 7. Any lewd woman who shall be found on the 
streets plying her vocation or soliciting men, drinking, sitting 
on the streets or in front of stores, or lounging about the 
market house, or conducting herself in an improper manner, 
shall be deemed guilty of a nuisance, and, upon conviction, 
shall be fined ten dollars for each offense. 


Sec. 8. Any person or persons who shall engage in any 
disorderly or insulting conduct for the purpose of annoying 
strangers or citizens, shall be guilty of a misdemeanor, and, 


‘upon conviction thereof, shall be fined five dollars for each — 


offense. 


Sec. 9. Any person who shall shoot off any gun or other 
firearm, or shoot off or have any rocket, pop-cracker, or other 
fireworks, or any combination of gun-powder, in any street or 
footway, or shoot off any gun or other firearms within the 
limits of the City of Durham, or shoot off any gun or other 
firearm, charged with ball or shot, or any other deadly thing 
within the city, except in case of necessity, shall, upon convic- 
tion, be fined ten dollars for each offense: Provided, Nothing 
herein contained shall prohibit the exhibition of fireworks on 
occasions of public rejoicing, at the discretion of the Mayor, 
and under such restrictions as he may provide. 


Sec. 10. All games of every description and throwing 
stones or other missiles on the streets and sidewalks of the city 
are forbidden, and shooting with bean-shooters within two 
hundred yards of any house in the city is forbidden, and the 
carrying of a bean-shooter on the person of anyone in the 
corporate limits is forbidden, and every person offending 
against any part of this section shall, upon conviction, be fined 
five dollars for each and every offense. 


Sec. 11. No merchant, or employee of any merchant, 
shall “drum” and solicit trade on the streets, in the ware- 
houses, or in any public places of the city. Any person violat- 
ing this ordinance shall be fined five dollars for each offense: 
Provided, That this shall not apply to persons Soliciting trade 
within ten feet of their own place of business. 


Sec. 12. Any person buying second-hand clothing, boots, 
shoes and hats, and selling the same in the City of Durham 


City or Duryuam 


shall be guilty of a nuisance and fined twenty-five dollars for 
each offense: Provided, That upon proof of the selling the 
presumption shall arise that the person accused also bought the 
clothing, boots, shoes and hats sold second-hand. 


Sec. 13. It shall be unlawful for any person or persons 
to play or perform on any brass or silver horns, or drums, 
commonly known as “brass bands,” between the hours of 
eleven p. m. and five a. m., except by permission of the Mayor. 
Any person violating this ordinance shall be fined five dollars. 


Sec. 14. That it shall be unlawful for any person to drink 
any intoxicating liquor in any public building in the City of 
Durham. 

Any person violating this ordinance shall, upon conviction, 
be fined one dollar for each offense. 


Sec. 15. That it shall be unlawful for any person to sell 
or offer for sale any explosive or combustible material gener- 
ally designated as fire works within the Fire District of the 
City of Durham. 

Any person violating this ordinance shall, upon convic- 
tion, be fined fifty dollars. 


Sec. 16. (1) It shall be unlawful for any person or per- 
sons to entice, persuade, solicite, procure or in any other way 
influence any other person to meet, cohabit, or associate with 
any lewd woman or women for the purpose of sexual inter- 
course. 

(2) It shall be unlawful for any person or persons to 
haul, carry or procure any lewd women to be hauled or car- 
ried to any place for the purpose of meeting and associating 
with lewd and lascivious men, or for the purpose of sexual 
intercourse. 

(3) It shall be unlawful for any person or persons to haul, 
carry, or procure, or solicit any male person to be hauled or 
carried to any place for the purpose of meeting and associat- 
ing with lewd and lascivious woman or women, or for the 
purpose of meeting and associating with a woman or women 
for the purpose of illegal sexual intercourse. 

Any person violating the provisions of this ordinance shall 
be guilty of a misdemeanor, and upon conviction, shall be fined 


65 


Brass bands, etc., 
forbidden to play 
between 11 p. m. 
andi oi ass mm, 


66 


No games al- 
lowed on Sunday. 


Aiding or abetting 
disorderly con- 
duct on Sunday. 


No merchandise 
sold on Sunday 
except in case of 
necessity. 


No loading or 
unloading of 
wagons. 


Police to go over 
city two Sundays 
in each month. 


No barber shop 
open. 


ORDINANCES OF THE 


the sum of twenty-five dollars, and if the person convicted of 
violating this ordinance be a licensed hackman or driver of a 
public automobile used for hire upon the streets of the City 
of Durham, he shall also forfeit his license in addition to the 
fine above prescribed. . 


CHAPTER IX 


SUNDAY AND ITS OBSERVANCE . 


Secrion 1. Every proprietor of a billiard table, five pin 
or ten pin alley, or other sport ground, permitting any game to 
be played on Sunday, shall, upon conviction, be fined twenty- 
five dollars. 


Sec. 2. Any person who shall, on Sunday, be present, aid- 
ing or participating in any unlawful or disorderly assemblage, 
shall be fined five dollars for each offense. 


Src. 3. Any person who shall sell merchandise on Sun- 
day, except in cases of necessity, shall be fined twenty-five 
dollars: Provided, That druggists be allowed to open their 
stores, for the sale of medicine and drugs and to fill prescrip- 
tions. ; 


Sec. 4. No merchant, grocer, wagoner, or other person 
whatever, shall load or unload any wagon or cart, or other 
conveyance for goods, wares and merchandise within this city 
on the Sabbath under a fine of ten dollars for each person so 
offending. 


Sec. 5. It shall be the duty of the policemen of. the city 
to go over the whole city and suburbs at least two Sundays in 
every month, for the purpose of apprehending any person who 
may be found violating any of the laws and ordinances of the 
city or State, and of ferreting out and bringing to justice all 
offenders against the peace and good order of society. 


Sec. 6. It shall not be lawful for the owner or proprietor 
of, or any employee in, any barber shop within the limits of the 
city, to open or allow to be opened the same, nor to carry on 
the same at his place of business on Sunday. Any person 


———— 


City or DurHAam 


violating this section shall, upon conviction, be fined ten dollars 
for every violation. 


Sec. 7. Any person drunk on the public streets, or other 
public place in the City of Durham, on Sunday, whether on 
foot or in a vehicle, shall be fined ten dollars. 


sec. 8. It shall be permissible for restaurants and eating 
houses to keep open on Sundays for the purpose of serving 
guests with meals, and soft drinks, cigars and tobacco. 

All ordinances or parts of ordinances in conflict with this 
ordinance are hereby repealed. 


Sec. 9. Every physican who uses a prescriptiou for whis- 
key or other intoxicating liquors in the City of Durham shall 
state therein the name of the party to whom given, and for 
whom issued, and shall specify the date when issued, the quan- 
tity and kind prescribed, and shall sign his name thereto. Any 
physician violating this ordinance shall pay a fine of ten dol- 
lars for each offense. 


Sec. 10. No owner or keeper of a restaurant shall permit 
liquors of any kind to be or remain stored or deposited 1n his 
restaurant, and any one violating this ordinance shall pay a 
fine of ten dollars for each offense, and forfeit his license. 


Sec. 11. No physician shall give or sell to any person any 
prescription or order for any spirituous, vinous or malt liquors, 
unless said physician shall have first examined said person 
for whom said spirituous, vinous or malt liquors are prescribed 
or ordered, and is satisfied that such person is sick, and that 
such spirituous, vinous or malt liquors are necessary for the 
cure or relief of such person. Any person violating this ordi- 
nance shall upon conviction thereof be fined twenty-five dol- 
lars. 

Sec. 12. That any person, firm, or corporation, who shall 
keep open shop sell merchandise or do any work or labor of 
any kind on Sunday except work of necessity or charity, as 
is permitted by the general laws of the State, shall be fined 
five dollars, provided the druggists may be allowed to open 
their stores for business on Sundays except between the hours 
11 A. M. and 1 P. M., and 7 P. M. and 9 P. M.; and during 
said closing hours no loafing shall be allowed in said store 


67 


Fine for Sunday 
drunkenness. 


Physician’s pre- 
scription for 
whiskey on Sun- 
day. 


Whiskey not al- 
lowed in_ restau- 
rant on Sunday. 


Duty of physi- 
cian, 


68 


Not to urinate 
within fifty 
feet of court 
house. 


Stud horses, 
jackasses, etc. 


Carriages and 
rays. 


Use cloth rags, 
etc., in closets 
forbidden. 


OrDINANCES OF THE 


during closing hours. Provided, further, That licensed hotels 
shall be permitted to sell cigars, cigarettes and tobacco to 
guests. 

All ordinances or parts of ordinances in conflict with this 
ordinance are hereby repealed. 


CHAPTER X 


NUISANCES 


Sec. 1. All persons are forbidden to urinate in or within 
fifty feet of the Durham courthouse except in the regular 
urinals provided. Any person violating this ordinance shall, 
upon conviction, be fined one dollar for each offense. 


Sec. 2. It shall not be lawful hereafter for any person 
without obtaining permission from the Board of Aldermen to 
exhibit any stud horse or jackass in the streets of the city, 
or to put any mare or jennet to any stud or jack within the 
limits of the city; and every person concerned in so putting 
a mare or jennet to a stud or jackass, or in aiding or assisting 
in putting them together, or in causing the same to be 
done contrary to this ordinance, shall, for every offense, be 
fined ten dollars. 


Sec. 3. All carriages, drays, and other vehicles used for 
the purpose of carrying passengers or freight shall be sightly 
and sufficiently safe, and strong, not to jeopardize patrons, 
customers or other persons. It shall be the duty of the City 
Policemen to enforce the foregoing, and the Chief of Police 
is hereby authorized and empowered to revoke the license of 
such as in his opinion do not conform to this ordinance: Pro- 
vided, That any person aggrieved by a decision of the Chief 
of Police under this section may appeal from his decision to 
the Board of Aldermen. 


Src. 4. No person or corporation shall use cotton mill 
waste, cloth rags or other heavy substances in any closet, or 
empty the same in any sewer in the City of Durham. Any 
person or corporation violating this ordinance shall be fined 
ten dollars for each and every offense. 


——— eC 


City or Duryam 


Sec. 5. It shall be unlawful for any person to keep or 
maintain stretched from any house, pole or tree, or other sup- 
port any line of barbed wire, over, across or along any part of 
his or her premises: Provided, That this shall not apply to a 
barbed wire fence built in accordance with the State law. 

Any person violating this ordinance shall, upon conviction, 
be fined five dollars for each day that the provisions of this or- 
dinance are violated. 


sec. 6. It shall be unlawful for any person, firm or cor- 
poration to burn or cause to be burnt in any incinerator that 
may now exist or be erected in the future, any night soil, 
carcass or flesh of any animal or fowl of any and all descrip- 
tions whatsoever. 

Any person, firm or corporation violating the provisions 
of this section shall be guilty of a misdemeanor and, upon con- 
viction, shall be fined ten dollars. 


CEE POE R XT 


POLICE ORGANIZATION AND REGULATION 


Section 1. The police organization of the city shall con- 
sist of the Mayor, the Police and Fire Commissioners, the 
Chief of Police, and as many policemen as the Board of Al- 
dermen shall from time to time determine. 


Sec. 2. The Mayor shall have a general control and sup- 
ervision of the Police Department. 


Sec. 3. The Chief of Police shall give bond payable to the 
City in the sum of twenty-five hundred dollars, conditioned for 
the faithful performance of his duties and shall superintend 
and regulate the department. He shall make out and pre- 
sent to the board of aldermen monthly at their regular meet- 
ing a pay roll of all the salaried officers of the city. He shall 
keep a record book and enter therein all violations of the 
police regulations and by whom committed and of the viola- 
tions of the city ordinances. The record shall be always sub- 
ject to the inspection of the Mayor, Police and Fire Commis- 
sion, and of the board of aldermen. It shall be the duty of 


5 


69 


Police organiza- 
tion. 


70 


Duties 
men. 


May summons 
aid. 


May enter house 
or enclosure. 


Not to partici- 
pate in political 
meetings. 


Secure offenders 
in guard house. 


of Police- 


ORDINANCES OF THE 


the Chief of Police to collect all special and license taxes. He 
shall pay over to the treasurer each week the amount of money 
received by him for the City accompanied by a sworn state- 
ment. He shall further perform all duties imposed upon him 
in these ordinances and which may hereafter be imposed by 
the board. His rate of compensation shall be fixed by the 
board. 


Sec. 4. It shall be the duty of the policemen to suppress 
all disturbances of the quiet and good order of the city, and to 
arrest all offenders against the same; to prevent, as far as 
possible, all injury to the city property and buildings, and the 
streets and sidewalks, and to report to the Mayor all repairs 
needed, and to execute all warrants of the Recorder. 


Sec. 5. The policemen shall have authority, if resisted in 
the execution of their official duties, to summon a sufficient 
number of men to aid them in enforcing the law; and if any 
person so summoned shall refuse to assist, or having under- 
taken, does not proceed in good faith, he shall, upon conviction, 
be fined ten dollars. 


Sec. 6. When the policemen of the city have a good reason 
to believe that any of the laws of the State or ordinances of the 
city have been violated, they are hereby empowered to enter 
enclosure or house of any person without a warrant in order 
to apprehend any person so offending, or to arrest a fugitive 
or to suppress disorder, and, if necessary, to summons a posse 
to aid them, and all persons so summoned shall have like au- 
thority. 


Sec. 7. No policeman shall participate in any political or 
other meeting while on duty, except in the legitimate discharge 
of their duties. A failure to conform to the provisions of this 
ordinance will subject the offender to immediate discharge. 
They shall secure in the guardhouse all persons who shall 
make a disorderly noise in any street or elsewhere in the city, 
or who shall in any other way disturb the good order of the 
city, or violate the ordinances of the city or the laws of the 
State. Any person confined in the guard-house by day or by 
night, as directed in this or other chapters, may be released 


— a a 


City or DurHuam 


upon paying the fine imposed for the offense committed and 
cost of warrant. 


Sec. 8. Any person who shall oppose or resist, or in any 
manner abuse or insult any officer of the city, or member of 
the police, while in the discharge of any duty, shall, upon con- 
viction, be fined ten dollars. 


Sec. 9. When any member of the police force shall be un- 
able, from sickness or other unavoidable causes, to perform his 
duty, he shall notify the Police and Fire Commission, who is 
hereby authorized to employ a substitute for the particular oc- 
casion, the expense of the said substitute to be deducted from 
any amount due the said policeman. 


Sec. 10. On Sundays and other days, when in the Mayor’s 
judgment it may be necessary, the Mayor shall be authorized 
to appoint and commission special policemen to take charge of 
the various churches and other places of public gathering, and 
to perform such other duties as may be required of them: 
Provided, The city shall not be liable to any expenses on this 
account, except such as the Board may determine, and the 
Mayor shall be authorized to withdraw any authority granted 
under this ordinance, and to appoint other officers whenever 
he may deem it expedient. 


Sec. 11. The Chief of Police shall be required to make, on 
the last day of each month, except when said last day falls on 
Sunday, and in that case, on the Saturday preceding, returns 
of all taxes, forfeitures, fines and collections of every kind, 
which have been, or ought to have been, received by him for 
the month just ending, not previously reported. Said state- 
ment shall be filed with the Clerk of the Board of Aldermen, 
who shall report the same to the Board at their first meeting 
held thereafter; and the Chief of Police shall, immediately 
after filing his said report, settle with the Treasurer and pay 


over the sum due him. 


Sec. 12. The Chief of Police shall never have in his hands 
more than five hundred dollars collected by him on account of 
the city, from taxes, forfeitures, fines or any other source, but 
shall, before the money in his hands reaches said sum of five 
hundred dollars, pay it over to the City Treasurer, and take 


71 


Unlawful to op- 
pose, resist or in- 
sult officer. 


Subtitutes. 


Special Police- 
men. 


Reports of 
Chief of Police. 


Not to have in 
hand over five 
hundred dollars. 


“I 
bo 


To carry out 
foregoing. 


Secret detective. 


Unlawful to as- 


sume to be 
policeman. 


Ushers in public 
hall constituted 
special police- 
men. 


to wear badge. 


Call whistle. 


Allowed same 
fees as con- 
stables. 


ORDINANCES OF THE 


his receipt, which shall be used as money in his monthly settle- 
ments, provided for in the next preceding section. 


Src. 13. The Chief of Police is responsible for the exe- 
cution of the above regulations, and he is hereby authorized 
and instructed to make such arrangements and regulations as 
may be necessary to carry them out. 


Sec. 14. Whenever, in the opinion of the Mayor, it shall 
be necessary to employ a secret detective, the Mayor shall have 
power to do so: Provided, That no greater expense than fif- 
teen dollars shall be incurred without a vote of the Board 
of Aldermen. 


Sec. 15. Any person or persons assuming to be or act as 
policeman or other officer of the city, unless he or they have 
been duly elected and qualified as such, shall be fined twenty- 
five dollars for each offense. 


Sec. 16. That the regular ushers in any public hall in the 
city are constituted special policemen, and as such, shall have 
the authority to arrest and eject from said hall any drunken 
person or persons, or any person behaving in a disorderly and 
indecent manner therein, or at the entrance thereto, and that 
they shall have the power to detain such person till a city 
policeman can be summoned, to whom the offender shall be 
turned over to be dealt with according to the law; and in the 
exercise of this authority such shall have the same power that 
policemen have to call persons to their assistance, and there 
shall be the same penalty for refusal, or neglect to assist, 
when so called on. 


Sec. 17. That such ushers shall wear a badge, when on 
duty, to designate them. 


Sec. 18. It shall be the duty of the policemen to have, in 
the discharge of their duty, a police call-whistle, to be fur- 
nished to each one at the expense of the city, and any person, 
not a policeman, who shall wantonly and maliciously give the 
police call, shall, upon conviction, be fined five dollars. 


Src. 19. The policemen of the City of Durham shall have 
such fees on all process and precepts executed or returned by 
them, as are allowed for the sheriff and constables of Durham 


—— ~~ 


City or DurHam 


County for like service in cases other than where the Mayor 
formerly had jurisdiction to be taxed as a part of the costs 
and paid over to the Chief of Police of the City of Durham 
who shall pay the same to the Treasurer of City of Durham. 


CHAPTER XII 


THE MARKET AND TOWN SCALES 


Section 1. Over the market a general superintendence 
shall be exercised by the committee appointed by the Board, 
and whenever a market is held it shall be the duty of the 
Clerk to attend to it. No market shall be held on Sunday; 
every other day shall be market day, and the market hours 
shall be from 4:30 a. m. until 9 o’clock p. m., from June Ist 
to October Ist; and from 4 a. m. until 9 o’clock p. m., from 
October Ist to June Ist, except on Saturdays, when the market- 
house shall remain open until 10 p. m. 


. SEc. 2. As soon as practicable after the market is closed 
on any day, and always before it is next held, the Clerk shall 
have the market-house, with the stalls and alleys adjoining, 
watered, swept and cleaned. The whole market premises, in- 
cluding such ground as may be used with or pertaining to the 
market, shall be kept by him clean and neat, and twice a year 
he shall have the market-house whitwashed inside. 


Sec. 3. The Clerk of the Market, under the supervision of 
the Committee on Market, shall annually, in the last week of 
September of each year, rent out publicly the fish and meat 
stalls, and vegetable benches or stands in the market-house, 
for one year from the first day of October ensuing, giving due 
notice of the time of renting, by posters in the market-house. 
All renters shall pay monthly in advance their respective rents 
to the Market Clerk of the city, and it shall be the duty of the 
Clerk of the Market to have vacated any stall or bench where 
the occupant fails to comply with the provisions of this section. 
But no person shall occupy a meat stall or bench at the market 
until he obtains a license from the Board of Aldermen, first 
having satisfied the Board as to his character and capacity. 


73 


Superintendence 
of market-house. 


To clean market- 
house. 


Public rentings. 


No person shall 
rent more than 
one stall. 


Stall vacated if 
rent in arrears. 


Sign to be kept 
over stall. 


Sales by dry 
measure and by 
weight. 


ORDINANCES OF THE 


And such license may be revoked at the pleasure of the Board, 
for a violation of any of the criminal laws of the State or of 
the ordinances of the city, or for any other cause which the 
3oard may deem sufficient. 


Src. 4. Not more than one stall, bench or stand shall be 
rented to or occupied by the same person at the same time, 
without the consent of the Committee on Market. 


Sec. 5. If the rent of a bench, stall or stand be in arrears 
more than ten days, or vacated by reason of death or other- 
wise, or if the license of the occupant be revoked, the com- 
mittee shall declare the said bench, stall or stand vacant, and 
the Clerk shall rent out the same, after twenty-four hours’ 
notice, to the highest bidder. 


Sec. 6. Every renter shall keep over his stall a sign with 
his name thereon, painted in letters which can be easily read. 
He shall in person be neat and cleanly, and shall keep the 
benches clean, and all parts of his stall, and the pavement 
thereof, and whitewash the interior twice a year. No butcher 
at a meat market, nor any sellers at a fish or vegetable market, 
shall leave about the market-house after market hours, any 
loose board, box, barrel or plank. Nor shall he bring to the 
market, after the first of May and before the first of November 
following, any beef or mutton tallow, except such as may be 
necessarily attached to a quarter of beef or mutton. Nor shall 
he leave in the market-house or any adjacent street, alley or 
ground, the head or feet or other part of any animal. Nor 
shall any person deposit any filth, offensive matter, dirt or rub- 
bish, in or about the market-house, or any adjacent street, al- 
ley or ground. No renter of any meat stall shall hang, or allow 
to be hung, any meats on the outside of his stall. Any person 
violating this section, in any respect, shall, for each offense, 
pay a fine of five dollars. 


Src. 7. No person selling fruits or vegetables at the mar- 
ket, by measure, shall sell the same in any other than dry 
measure, and the said measure shall be by sealed measure. No 
person shall buy or sell at market any beef, pork, mutton, 
shoat, lamb or butter in any other manner than by weight. 
And no article sold, or offered for sale at market, shall be 


Ciry or Duruam 


weighed with steelyards. Every butcher shall keep in a con- 
spicuous part of his stall, his patent platform balances and 
weights, or his scales and weights, the scales well balanced and 
in good order, and the weights correct. Any person violating 
this section shall pay a fine of five dollars. 


Src. 8. The Clerk of the Market shall, from time to time, 
examine the scales, balances, weights and measures used by 
persons at the market, to see whether they are sealed according 
to law, and to conform to Section 7 hereof; and also examine 
butter and other articles sold, or offered for sale by weight, to 
see that they are not deficient. Persons having at market 
illegal scales, balances, weights or measures, shall forfeit the 
same to the city. Articles offered for sale by weights, and 
found deficient, shall likewise be forfeited to the city, or, if 
sold, the value thereof shall be forfeited. In every case in 
which the Clerk of the Market shall have good cause to believe 
that anything is forfeited under this section, or under any 
other section in this chapter, he shall seize the same and 
summon the person in possession thereof at the time of the 
seizure, to appear before the Recorder or some justice, at some 
time within twelve hours, to show cause why said thing shall 
not be adjudged forfeited. Any person convicted under this 
section shall be excluded from the market, both as principal 
and agent. 


Sec. 9. It shall be the duty of the Clerk of the Market 
to exclude from the market all persons who shall be engaged 
in combination to raise the price of products and of such 
articles as are usually brought to market for sale; and the 
Clerk of the Market shall forthwith report to the Chief of 
Police the names of all persons engaged in any such practice, 
whereupon the Recorder, or any justice of the peace, may issue 
his warrant against the offenders, and he or she who shall be 
found guilty of any of the said offenses shall be liable to a 
fine of five dollars for every such offense. 


Sec. 10. The Clerk of the Market shall see that the unap- 
propriated spaces within and about the market square are 
kept open for passage; and no person shall obstruct the same, 
under the penalty of one dollar for each offense. 


15 


Balances or 
scales and 
weights used. 


Clerk to examine 
scales, weights 
and measures, and 
have false 

ones forfeited. 


Clerk to exclude 
and report any 
person who en- 
ters combination 
to raise prices. 


Unused space to 
be kept open. 


76 


Clerk to keep 
records an 
make reports. 


Monthly reports. 


Clerk to keep city 
scales. 


Fees for weighing 


Produce sold to 
be weighed on 
city scales. 


No profane or 

obscene language 
used or filth de- 
posited in mar- 

ket. 


No animals tied 
to market-house. 


ORDINANCES OF THE 


Sec. 11. The Clerk of the Market shall keep a faithful 
record of all the fees collected by him, and all moneys which 
come into his hands, and pay the same within five days 
after their receipt by him to the Treasurer; and on the 
first day of every month he shall report in writing to the 
Finance Committee all such amounts as he may have paid 
the Treasurer the preceding month. And it shall be the 
duty of the Clerk of the Market to collect all rents for stalls. 


Sec. 12. At the first regular meeting of the Board of 
Aldermen in each month, the Clerk of the Market shall make 
an itemized report, showing in detail the respective rents of 
the stalls in the market and his other receipts. Every three 
months the said committee shall examine the books of the 
Clerk of the Market, and compare the said books with the 
accounts of the Clerk and the Treasurer. 


Sec. 13. The city scales shall be under the direction of 
the Clerk of the Market. He shall attend to the weighing of 
articles, collect the fees and report his receipts therefrom, 
as directed in the section next preceding, for all his other 
reports. 


Sec. 14. The fees for weighing fodder, hay, oats in 
sheaf and shucks, shall be ten cents for each 1,000 pounds or 
less, and one cent per hundredweight for each additional 100 
pounds; for weighing coal, fifteen cents per ton. 


Sec. 15. No person shall sell in the City of Durham, or 
deliver after it may have been sold, any fodder, shucks, hay, 
or oats in sheaf, without having the same weighed on the 
town scales and receiving certificates of same. Any person 
violating this section shall forfeit and pay a fine of five dol- 
lars. 


Sec. 16. Any person at or in the market-house who shall 
use profane or obscene language, or shall be intoxicated there- 
in, or shall place, or cause to be placed, any excrement, filth 
or other offensive matter in the market-house or yard sur- 
rounding the same, shall, upon conviction, be fined five dollars 
for each offense. 


Sec. 17. Any person who shall tie a horse or other ani- 


Crry or DurHam 


mal to the market-house shall be liable for every such offense 
to pay a fine of one dollar. 


Sec. 18. No person shall sell any fresh fish within the 
corporate limits of the City of Durham, outside of the mar- 
ket-house of said city: Provided, Four places for the sale of 
fish be established outside of the market-house by the Market 
House Committee: Provided, further, That the persons so sell- 
ing fresh fish at the four places established by the Market 
House Committee shall pay a license fee of five dollars per 
month. The person or persons to whom license is granted 
to sell fresh fish at said four places outside market-house are 
allowed to deliver same in all parts of the city. Any person 
violating this section shall be fined five dollars for each of- 
fense. 


Sec. 19. Any violation of his duties prescribed in this 
chapter, shall render the Clerk of the Market liable to re- 
moval from office, and subject him to the payment of a fine 
of twenty-five dollars. 


Sec. 20. No person shall be allowed to smoke in the mar- 
ket house, under a penalty of two dollars and fifty cents for 
each offense. It shall be the duty of the Clerk of the Market 
to drive out of the market-house all dogs that come therein, 
whether with or without their owner. 


Sec. 21. No person shall sell any fresh pork, beef, mutton, 
or any other fresh meats outside of the City Market house of 
the City of Durham: Provided, Four places for the sale of 


fresh meats may in the discretion of the Market House Com- . 


mittee be established outside the market house: Provided, fur- 
ther, That the privilege to sell fresh meats outside of the mar- 
ket house at the points designated by the Market House Com- 
mittee shall be sold at public auction as provided for market 
stalls renting in Section 3, Chapter 12; Provided, further, That 
the persons licensed to sell fresh meats outside the market shall 
be subject to regulations governing the sale of fresh meats 
in the market house; Provided, further, This shall not apply 
to persons selling beef or other fresh meats of their own 


_ faising by the quarter or in larger quantities. 


77 


No fresh fish 
sold outside of 
market. 


Proviso. 


Violation ot duty 
subjects Clerk to 
removal. 


No smoking or 
dogs allowed in 
market. 


78 


Unloading fish. 


Putting fish- 
scales floor mar- 
ket. 


Putting fish | 
scraps in drain. 


Victualing houses 
and_ restaurants. 


Hack, carriage 
and dray license. 


ORDINANCES OF THE 


Src. 22. That it shall be unlawful for any person to load 
or unload fish or exhibit fish for any purpose on the east side 
of the market-house, in the City of Durham. Any person 
violating this ordinance shall be fined five dollars for each 
and every offense. 


Src. 23. Any person putting or placing any fish-scales, 
scraps or any other solid substance, or pouring any water con- 
taining same, on or into the floor, sink or drain in the market- 
house, shall be fined two dollars for each and every offense. 


Sec. 24. Any person leaving any fish scraps or any other 
solid substance subject to decay on or in the grating of the 
drain outside the market building, shall be fined two dol- 
lars for each and every offense. 


CHAPTER XIII 


SPECIAL TAXES AND LICENSE 


SEcTIoN 1. Every person desiring to open a victualing 
house or restaurant in the city shall make application to the 
Board of Aldermen in writing, naming the place to be used, 
and the license, if granted, shall be issued by the Clerk of the 
Board, who is hereby directed to record in his book the name 
of the applicant for license and the date of license. Any per- 
son who shall establish a restaurant or eating-house within 
the city, without first having paid the license tax to the Chief 
of Police, shall pay a fine of twenty-five dollars for each 


’ offense. 


Sec. 2. Every hack, carriage, dray or urher vehicle li- 
censed by the city shall be numbered, and upon receipt of the 
license tax to the Chief of Police he shall issue to the owner 
thereof a license in which the number of said carriage, dray, 
or other vehicle shall be given. 


Sec. 3. The following shall be the tolls or charges which - 
may be collected by drivers or owners of public drays unless 
special contract is made for a greater rate: For packages not 
exceeding fifty pounds, fifteen cents. Regular loads twenty 


Ciry or DurHam 


five cents. Any person violating this ordinance or any part 
thereof shall upon conviction be fined five dollars. 


Sec. 4. The following shall be the tolls or charges which 
may be collected by drivers or owners of public carriages for 
the transportation of passengers within the corporate limits 
of the City: Day rate fifteen cents for each passenger carried 
five blocks or less by the usual route of travel; twenty five 
cents for each passenger carried more than five blocks, night 
rate twenty-five cents for each passenger carried five blocks 
or less by the usual route of travel; fifty cents for each 
passenger carried more than five blocks unless special contract 

- is made between the parties. 

In addition to the above tolls or charges collections may 
be made at the rate of fifty cents an hour for the time said 
driver or owner is required to wait for any passenger or pas- 
sengers. 

All owners of such carriages shall be required to keep 
posted in a conspicuous place in his carriage a card upon 
which shall be printed a list of the above rates which card 
shall be furnished by the City upon application to the Chief of 
Police. 

Any person violating this ordinance, or any part thereof, 
shall upon conviction be fined five dollars for each offense. 


Sec. 5. If any person shall secure and use the service of 
any hackman, carriage driver, drayman or transfer man with 
intent to cheat, defraud, or deprive him of just compensation 
for his services such person shall pay a fine of ten dollars 
for each offense. 


Sec. 6. Before license shall be issued to any person to 
open a bowling alley, billiard or pool room, vaudeville or mov- 
- ny picture show application shall be made to the Baard of 
_ Aldermen and their consent given. 


Sec. 7. Every exhibitor of any machine and apparatus 
designed for public amusement, for the selling or using of 
which compensation shall be charged, not especially mentioned 
in the City Charter or some other ordinance, shall pay ten 
doliars each six months, or part thereof, the same shall be 
on exhibition: Provided, That this shall not apply to exhibi- 


Exhibition of 


machines, 


etc. 


79 


80 


Auctioneers or 
itinerant mer- 
chants. 


Festivals to close 
by midnight. 


Hours for opening 
billiard tables, 
ete. 


License for boot- 
blacks. 


Bill poster. 


License. 


ORDINANCES OF THE 


tions strictly scientific, nor to those where the entire pro- 
ceeds shall be devoted to charitable or educational purposes. 


Sec. 8. That no auctioneer or itinerant. merchant be allow- 
ed to sell goods, wares or merchandise on the street at public 
outcry, and any one so offering to sell goods, wares or mer- 
chandise, shall pay a fine of ten dollars for each offense. 


Sec. 9. All fairs or festivals, for whatever purpose held, 
shall close by the hour of midnight. Any person found pre- 
sent at or conducting any fair or festival after said hour of 
midnight, shall, upon conviction, be fined five dollars. 


Sec. 10. That all public bowling alleys, or alleys of like 
kind, or billiard tables, which are licensed by the Board of 
Aldermen of the City of Durham, shall not be kept open later 
than 12 o’clock p. m., and shall not be opened earlier than 
5 o'clock a. m. Any person violating this ordinance shall be 
fined ten dollars for each offense. 


Src. 11. No person shall shine or polish shoes for pay, 
upon the streets or in the door or hallways, near the public 
streets, without first having obtained an annual license from 
the Chief of Police, for which he shall collect the sum of one 
dollar. Any person violating this ordinance shall be fined the 
sum of one dollar. 


Sec. 12. (1) That the business of bill poster shall em- 
brace all kinds of paper posters, metal or wood advertising 
hung by paste, tacking or otherwise upon boards, fences, build- 
ings, etc. Also all metal or cloth signs, distributing of dodgers, 
paper circulars, samples, pamphlets or other advertising mat- 
ter within the corporate limits of the City of Durham. Pro- 
vided, Any person regularly engaged in business within the 
corporate limits of the City of Durham may distribute adver- 
tising, tack, paste or sample any matter advertising his own 
exclusive business without paying license. (2) That the 
license tax for each bill poster shall be ten dollars per annum, 
and no license shall be granted for a shorter time than one 
year. That all ordinances heretofore passed in regard to bill 
poster’s license are hereby repealed. 


Ciry or Duruam 


Sec. 13. That it shall be unlawful for any minor under 
the age of eighteen years to enter any public billiard or pool 
room except on business other than to play at said games, 
or to look on at others who play, or for the owner of any 
billiard or pool room to allow any minor under the age 
of eighteen years to loiter around or take part in any games 
of pool or billiard or for said owner or owners of pool or bil- 
liard rooms to have screens, stained windows, or any other ob- 
structions to prohibit the view of said public pool or billiard 
room from the main entrance thereof. 

Any violation of this ordinance shall subject the offender 
to a fine of twenty five dollars. 


Sec. 15. Upon each and every emigrant agent there shall 
be imposed a tax of five hundred dollars, to be collected as 
other license taxes are collected. Any person carrying on the 
business of emigrant agent without having paid the license tax 
prescribed in this section shall be guilty of a misdemeanor, and 
shall be subject to a fine of fifty dollars, or imprisonment for 
thirty days, or both, at the discretion of the court. 


Sec. 16. Upon every person, firm or corporation who is- 
sues or sells to merchants or manufacturers any trading 
stamps or other devices to be returned by the person issuing 
or selling the same, there shall be levied and paid an annual 
tax of two hundred dollars. 


Sec. 17. All persons, firms or corporations engaged in or 
carrying on the business of sign painting shall pay a license 
tax of ten dollars per annum, and no license shall be granted 
_for a shorter period than one year. 


Sec. 18. That every owner or manager of a dance hall 
shall pay a license tax in the sum of two dollars for each 
and every night. 


Sec: 19. That no transient or itinerant dealer in flowers 
of any kind or the agent thereof shall be allowed to do business 
in the City of Durham without first obtaining a license from 
said City for which he shall pay the sum of two dollars for 
each and every day he is engaged in said, business, Provided, 
however, Such person or persons who continue in said busi- 


81 


Emigrant agent, 
tax. 


Trading stamps. 


Tax sign 
painters. 


82 


ORDINANCES OF THE 


ness for a week or longer shall pay a tax of ten dollars per 
week. 

Any person violating this ordinance shall upon conviction 
be fined ten dollars for each effense. 


Sec. 20. That no person, firm or corporation shall be al- 
lowed to drive a public hack or automobile for hire upon the 
streets of said city without having first been given a permit by 
the Chief of Police of said City and said Chief of Police 
shall issue a permit only to such persons as shall satisfactorily 
prove a good moral character, and said Chief with the auth- 
ority of the Mayor of said City shall have a right at any time 
to cancel said permit, if said person holding said permit 
has been guilty of misconduct as unfits him for that kind of 
work. 

(2) All persons, firms, or corporations having drivers of 
public hacks or automobiles for hire meaning by this that no 
hackman, person, firm or corporation operating the same shall 
permit any person to take charge of their hacks, or automobiles 
unless such person has a permit to run such hack or automo- 
bile from the Chief of said City. 

(3) The Chief of Police shall at all times keep a record 
at police headquarters of all permits granted ander this ordi- 
nance and of any canceliation thereof. 

(4) That no permit to drive or operate a public hack or 
automobile for hire upon or along the streets of the City of 
Durham shall be issued to any person under fifteen years of 
age and it shall be unlawful for any person under fifteen years 
of age to drive a public hack upon or along the streets of said 
City. 

(5) It shall be unlawful for any person to leave stand- 
ing on Main Street between Roxboro Street and Five Points any 
public hack or vehicle not then in actual use without written 
consent of the Chief of Police. 

(6) It shall be unlawful for any person, firm or corpora- 
tion or the agent of any person, firm or corporation, to drive 
or work any beast of burden that is physically disabled for 
labor or work and it shall be the duty of the Police Commit- 
tee of the Board of Aldermen of the City of Lurham together 
with the Mayor and Chief of Police of said City to pass upon 


ae a en a ee 


by 
4 


City or DurHam 


the physical condition and fitness of all beasts of burden for 
work and inspect the same once every three months, commenc- 
ing the first Monday in May, 1910. 


And it shall be unlawful for any person, firm or corpora- 
tion to work any beast of burden or compel the same to 
work after having been notified by the Police Committee of 
said Board together with said. Chief of Police and Mayor 
to remove and discontinue the work of any such animal. 

(7) It shall be the duty of said Police Committee, Chief 
of Police and said Mayor to inspect all public hacks or other 
public conveyances as may be offered for hire together with 
the harness and all attachments, as to their fitness and safe- 
ty for transportation, and it shall be unlawful for any person, 
firm or corporation operating any such public vehicle or con- 
veyance for hire within said City after having been forbidden 
by the Said Police Committee, Chief of Police and Mayor. 

(8) All persons, firms or corporations, or agents of any 
person, firm or corporation, operating a conveyance for hire 
within said limits shall be required to wear a badge giving 
the number of their conveyance and license; and it shall be 
unlawful for any person, firm or corporation operating a pub- 
lic hack or automobile for hire or conveyance to allow more 
than one driver upon each and every such conveyance. 

(9) No hackman, chauffeur or driver of any public vehicle 
or conveyance shall solicit any passenger or passengers or al- 
low his hack or dray or other public conveyance to stand 
nearer the Union Station than on Church Street except when 
receiving and delivering baggage at the Baggage Room. 

(10) Any person, firm or corporation, or the agent of 
any person, firm or corporation violating any of the foregoing 
provisions of this ordinance shall be guilty of a misdemeanor 
and upon conviction for each and every offense shall be fined 
five dollars. 


Sec. 21. That every person, firm or corporation operating 
automobiles for the carriage of persons for hire be required 
to pay an annual license tax of twelve dollars. 


Sec. 22. (1) That Chapter 13, Section 28, be and the 


83 


84 


ORDINANCES OF THE 


same is hereby repealed, and the following sections are sub- 
stituted therefor: 

2. That any person, firm or corporation, engaged in the 
business of cleaning and pressing clothes for hire, shall on, 
or before the Ist day of May of each year take out a license, 
for the purpose of conducting said business, for which license 
there shall be paid the Chief of Police of the City of Durham 
the sum of fifteen dollars. 

3. That any person, firm, or corporation, either a resident 
of the City of Durham or a non-resident of the said City, en- 
gaged in selling and dealing in clothes, or taking orders for 
the same, or in any way engaged in the tailoring business, 
shall pay a license tax of twenty-five dollars, the same to be 
paid on the 1st day of May of each year, Provided, That non- 
resident tailors, working for and in the employ of persons, 
firms, and corporations who have paid this tax, shall not be 
liable for this tax. 

4. Any person, firm or corporation, violating the provi- 
sions of this ordinance, shall, upon conviction, be fined the 
sum of twenty-five dollars. 


Sec. 23. That it shall be unlawful for any person or pro- 
prietor of a public pool or billiard room to keep, have on hand, 
permit or allow in said public pool or billiard room, any in- 
toxicating or malt liquors and all licenses now granted or 
hereafter granted for the operation of such public pool or 
billiard room or parlor are subject to this ordinance. 

Any person violating this ordinance shall be guilty of a 
misdemeanor. 


Sec. 24. That every junk dealer, pawnbroker or person 
engaged in the second hand business, shall, every day, except 
Sunday, before the hour of four in the afternoon, deliver to 
the Chief of Police of the City of Durham, on blank forms 
prescribed by the Board of Aldermen of the City of Durham, 
a legible and correct transcript from the book or books pro-- 
vided for, showing the description of all and every article re- 
ceived by him the business day immediately preceding (except 
as to the purchase of rags, old iron and paper) together 
with the amount paid therefor, and a description of the 


Crry or DurHam 


person making the sale, such transcript of the business done 
on Saturday to be delivered as aforesaid, before four o'clock 
in the afternoon of the following Monday. 

Any person, firm or corporation failing to comply with this 
ordinance shall be guilty of a misdemeanor, and, upon con- 
viction, shall be fined the sum of five dollars. 


Sec. 25. (1) That it shall be unlawful to conduct any 
public dance hall in the City where an admission fee is charged, 
except upon application to the Board of Aldermen. 

(2) That all public halls shall be closed at 12 p. m. and 
shall remain closed on Sundays. 

(3) That all police officers or other proper officers shall 
be allowed to enter said dance halls at any time for the pur- 
pose of seeing that order is maintained. 

(4) That a license tax of Six (6) Dollars a week shall 
be paid to the Chief of Police for the City, for such privilege. 

(5) That any license granted hereunder may be revoxed 
with or without notice. 

(6) That this ordinance shall take effect December Ist, 
1913. 


Src. 26. That every person, firm or corporation engaged 
in what is commonly known as Junk business, to-wit: buy- 
ing and selling rags, bones, bottles, tow-sacks, rubber, scrap 
iron and brass; or engaged in collecting rags, bones, bottles, 
tow-sacks, rubber, scrap-iron and brass, or both, shall be re- 
quired to pay an annual tax of fifty dollars. 

That every person, firm or corporation engaged in the junk 
business, shall, every day, except Sunday, before the hour of 
four o'clock in the afternoon, deliver to the Chief of Police 
of the City of Durham on blank forms prescribed by the Board 
of Aldermen of the City of Durham a legible and correct 
transcript from the book or books provided for, showing the 
description of all and every article received by him the busi- 
ness day immediately preceding (except as to the purchase 
of rags, old iron and paper), together with the amount paid 
therefor, and a description of the person making the sale, such 
transcript of the business done on Saturday, to be delivered 
as aforesaid, before four o’clock in the afternoon of the fol- 


\ 


6 


85 


86 


ORDINANCES OF THE 


lowing Monday. Provided, further, That no dealer in the 
junk business be allowed to purchase the articles above nam- 
ed from persons under eighteen years of age, and that no 
person engaged in the buying and selling of the above named 
articles shall be allowed to purchase the same between the 
hours of sunset and sunrise. 

That any person, firm or corporation failing to comply with 
this ordinance, shall be guilty of a misdemeanor, and, upon 
conviction, shall be fined the sum of Five Dollars. 

That all ordinances and parts of ordinances in conflict 
with this ordinance be and the same are hereby repealed. 

This ordinance shall be in full force and effect from and 
after the date of its adoption. 


Sec. 27. That every person, firm or corporation engaged 
in the buying and selling of raw and green hides or hides of 
any other description, shall be required to pay an annual tax 
of fifty dollars, Provided, further, That any butcher or butch- 
ers who shall engage in the selling of raw and green hides or 
hides of any other description shall not be required to pay 
the above tax. Provided, further, however, That any butcher 
or butchers who shall engage in the buying of raw and green 
hides or hides of any other description shall be subject to the 
payment of the above tax. 


That any person violating the above ordinance shall be fin- 
ed five dollars for each and every offense. 


This ordinance shall be in full force and effect from and 
after the date of its adoption. 


Sec. 28. That upon each and every transient or itinerant 
dealer in junk, who shall buy, sell or collect rags, bones, bot- 
tles, tow sacks, rubber, iron and brass, or who shall buy or 
sell raw and green hides or hides of any other description, or 
both, shall be imposed a tax of fifty dollars, to be collected as 
other license taxes are collected. 


Any transient dealer in junk or hides, or both, who shall 
carry on such business without having paid the license tax 
prescribed in this section shall be guilty of a misdemeanor, 
and shall be fined the sum of fifty dollars. ; 


. sa sh 


Ciry or DurHAam 


This ordinance shall be in full force and effect from and 
after the date of its adoption. 


Sec. 29. That all privilege occupation taxes due the City 
of Durham shall be due and payable on the first Monday in 
September of each year. 

That any person, firm or corporation violating this ordi- 
nance shall be fined ten dollars. 


CHAPTER XIV 
THE CEMETERY 


Section 1. The city cemetery shall be used exclusively 
for the burial of white persons. 


Sec. 2. There shall be appointed at the regular meeting 
of the Board, in each and every year hereafter, a Sexton to 
take charge of the city cemetery, and for enforcing the ordi- 
nances of this chapter. 


Src. 3. The Sexton shall have the digging of all the graves 
in the cemetery, at such prices as are hereinafter established. 


Src. 4. It shall be the duty of the Sexton to see that all 
the laws concerning the cemetery are duly observed and en- 


forced, and in case of infraction, to report the same to the 
Chief of Police. 


Sec. 5. The Sexton shall keep the cemetery in a neat 
and clean condition, performing all the work which he may 
be directed to do by the Board, for which -he shall receive 
such compensation as the Board may allow. 


Sec. 6. It shall be the duty of the Sexton to keep a book 
in which the name, age, disease and date of burial of those 
buried in the cemetery are recorded, and he shall make a re- 
port thereof to the Board of Aldermen at each regular meet- 
ing. 

Section 7. All graves shall be at least five feet in depth 
and be sunk due East and West. The following fees shall be 
charged, viz: For digging a plain grave and filling up the 


87 


Cemetery for 
white persons. 


Sexton. 


Sexton to dig 
graves. 


To enforce ordi- 
nances, 


To keep cemetery 
clean. 


Record of death 


and cause. 


88 


Only Sexton to 
dig graves. 


No person to in- 
terfere with pri- 
vate burial lots. 


No person to cut 
or injure trees or 
shrubbery. 


Not to discharge 
firearms. 


Not to ride or 
drive horses or 
vehicles faster 
than a walk. 


No filthy deposit. 


No person to ex- 
cavate or remove 
earth from ceme- 
tery. 


Unlawful to play 
games in ceme- 
tery. 


ORDINANCES OF THE 


same, $3.00; children not over ten years, $1.50; for exhuming 
body of adult, $2.50; of infant $1.50; for digging grave for 
brick vault, double the above prices; working on private lots 
in the cemetery to be paid by the owner, twenty-five cents 
an hour or one dollar and fifty cents per day and the fees 
shall be paid into the City treasury. A fee of three dollars 
shall be charged for digging the grave of a pauper residing 
in the City of Durham, and for those residing outside of the 
City limits a fee of five dollars shall be charged for digging 


each grave. 


Sec. 8. No person other than the regularly appointed 
Sexton shall dig any grave or dig up any sod in the cemetery 
under a penalty of twenty dollars. 


Sec. 9. No person shall put any fence, grave-stome or 
board, or erection of any kind, or dig up any sod on any pri- 
vate burial lot, except under the direction, or by the consent 
of the owners thereof, under a penalty of twenty dollars for 
each offense. 


Sec. 10. No person shall cut, break or in any other man- 
ner injure or destroy any tree, shrub or plant, or wantonly in- 
jure or destroy any flower, either wild or cultivated, in the 
cemetery, under a penalty of twenty dollars. 


Sec. 11. No person shall discharge firearms in the ceme- 
tery, under a penalty of twenty dollars. 


Sec. 12. No person shall ride, drive or lead any horse or 
vehicle in the cemetery faster than a walk, under penalty of ten 
dollars. 


Sec. 13. No person shall deposit, or cause to be deposited, 
any filthy or unclean or offensive substance in the cemetery, 
under penalty of twenty dollars. 


SEc. 14. No person shall excavate any earth in the cem- 
etery, or remove the same therefrom, except by consent or 
under direction of the Board of Aldermen, or of the Sexton, 
or of some other officer legally authorized by the said Alder- 
men, under penalty of twenty dollars for each offense. 


Sec. 15. It shall be unlawful for any person to play at 
any game in the cemetery, and it shall be the duty of the 


City or Duryam 


Sexton to prevent same. If, after being ordered to desist by 
the Sexton, he or she shall still persist, it shall be his duty to 
carry such person before the Recorder, who shall impose a 
fine of twenty dollars. 


Sec. 16. All persons desiring to purchase lots in the cem- 
etery must apply to the Sexton, whose duty it shall be to 
lay off said lots and require an immediate cash payment of 
ten cents per square foot, if for a city resident, and fifteen 
cénts per square foot, if for the use of a non-resident: Pro- 
vided, That the Board may change the terms. 


Sec. 17. On the payment of the sum above required, the 
Sexton shall issue a certificate to the purchaser of said lot, 
specifying the lot and the price thereof. Upon the presenta- 
tion of the said certificate, the Mayor shall make out a deed 
for said lot prohibiting re-sale, without consent of the Board 
of Aldermen, and shall cause the Sexton to enter in a book 
kept for that purpose, the date of the deed, the description and 
price of the lot, and to whom sold. 


Sec. 18. It shall be the duty of the Sexton to collect all 
moneys due for burial lots and graves in the cemetery, and 
pay the same over to the City Treasurer and make month'y 
reports thereof to the Board of Aldermen. 


Sec. 19. The Sexton must be present at laying off of all 
graves. 


Sec. 20. Every application to the Sexton for digging of 
graves must be accompanied by a death certificate of the at- 
tendent physician, stating the name, age, disease and date of 
death of the person for whom the burial is desired. 


Sec. 21. No person shall purchase or be the owner of 
more than two lots in the cemetery, at one and the same time, 
without the consent of the Board of Aldermen previously ob- 
tained. 


Sec. 22. No person or persons shall pass through the cem- 
etery, nor shall any person walk therein, except in the regu- 
larly laid off walks, under penalty of ten dollars. 


Sec. 23. The Sexton of the cemetery shall have the power 
and authority of a policeman, and may arrest any person for 


89 


Price of lots and 
how purchased. 


Street Commis- 
sioner to issue 
certificate and 
Mayor to make 
deed. 


Street Commis- 
sioner to collect 
money for burial 
lots. 


Present when 
graves laid off. 


Application for 
grave to be ac- 
companied by 

death certificate. 


No person to 
own more than 
two lots. 


Use walks in 
Cemetery. 


Sexton has police 
power. 


90 


Duty of Clerk to 
keep market- 
house clean. 


Power of com- 
mittee on health to 
expend money in 
cases of emer- 
gency. 


ORDINANCES OF THE 


any violation of the ordinances of the city or the requirements 
of the respective cemeteries. The same authority shall be 
exercised by those Jegally appointed assistants. 


CHAPTER XV 


HEALTH OF THE CITY 


Section 1. It shall be the duty of the Market Clerk or 
Market Police to see that the market house of the City of Dur- 
ham is kept clean and to have the floor of the market-house tho- 
roughly washed at least once a week, from October Ist to 
April lst, and at other times daily. Failure to perform this 
duty shall be cause for removal from office. 


Sec. 2. In case of emergency, the Committee on Health 
of the City of Durham is empowered to expend out of the 
treasury of the City of Durham without previous order of 
the Board of Aldermen a sum not exceeding twenty-five dol- 
lars, and the City Clerk shall issue his warrant in such case 
for the amount approved by the Chairman of the Committee 
on Health, not exceeding twenty-five dollars. 


Sec. 3. The Committee on Public Health shall have a 
general supervision of the public health of the City and shall 
from time to time as may be necessary confer with the 
Superintendent of Health of the County and City of Durham, 
and also from time to time as may be necessary attend the 
regular public meeting of the Board of Health of the County 
and City of Durham, and to the said Committee shall be 
referred all matters relating to public health before any appro- 
priation for the Board of Health is made the same shall first 
be passed upon by the Finance Committee of the City of 
Durham. 


Src. 4. All matters concerning the preservation of the 
public health and the making of laws and regulations for the 
preservation of public health having been by law vested in the 
Board of Health for the County and City of Durham, the 
Board of Aldermen shall upon the request of the said Board 


a oe 


LS — es 


Ciry or DurHam 


of Health make all such reasonable appropriations for the 
carrying out of said laws and regulations as may be necessary. 


CHAPTER XVI 
CONCERNING DOGS AND OTHER ANIMALS 


SEcTION 1. It shall be the duty of every person, at the 
time of giving in his annual list of taxable property for the 
city, to declare, on oath, the number of dogs or sluts he may 
own, or which may belong to any person boarding or resid- 
ing with his family. 

SEc. 2. Should any person fail to give in his dog or slut 
in the manner prescribed, he shall be deemed guilty of a mis- 
demeanor, and be fined five dollars for each dog or slut so 
omitted. 


Sec. 3. The Chief of Police shall prepare dog collars, 
not exceeding in price twelve and one-half cents each, and 
shall issue one to each person presenting the certificate of the 
collector that the tax has been paid. 


Sec. 4. It shall be the duty of all owners of dogs or 
sluts in the city to procure from the collector, on paying the 
proper tax, a collar as above described, which shall be at- 
tached to said animal. 


Sec. 5. That all unlicensed dogs running at large, or 
whenever found in the city, shall be subject to be taken up 
by the police and killed after ten days’ notice to owner. That 
it shall be the duty of the Chief of Police, not less than once 
a week, to have a canvass of the city made, with a sufficient 
force of hands detailed by the Street Commissioner, under 
the supervision of a policeman, to capture and secure all un- 
licensed dogs. For his services in carrying this ordinance into 
execution, the Chief of Police shall be allowed as follows: 
For the capture and slaughter, or capture alone, of each dog, 
one dollar; for feeding the same, per day, ten cents. The 
fees shall be paid by the owner before the dog shall be sur- 
rendered to him; and if the dog is not claimed by the owner, 
then by the city. 


91 


Giving in of 
dogs. 


Penalty for 
failure to do so. 


Dog collars. 


Owners to secure 
same. 


Unlicensed dogs 
to be killed if 
not claimed. 


92 


Pound. 


Dogs of non- 
residents. 


Dogs attached to 
vehicles or in 
owner’s presence 


Instruments of 
capture. 


No proud bitch 
to run at large. 


License on dogs. 


ORDINANCES OF THE 


Sec. 6. The Chief of Police shall, when in his opinion 
necessary, rent a lot within or without the city limits, and 
prepare the same to be used as a pound, the expenditures of 
which shall be with the advice and consent of the Committee 
on Finance, paid by the city. 


Sec. 7. If the dog or slut belonging to any person not 
a resident of the city, shall be secured under the foregoing 
provisions, the same shall be delivered to the claimant without 
charge: Provided, That the claim shall be made within twenty- 
four hours after the seizure. But if not made within said 
time, the claimant shall pay cost and charges. i 


Sec. 8. It shall not be lawful to seize any dog or slut be- 
longing to any person not a resident of the city, if the animal 
shall be attached to a vehicle of the owner, or shall be with- 
in his personal presence. 


Sec. 9. The Chief of Police shall be authorized, at the 
expense of the city, with the advice and consent of the Com- 
mittee on Finance, to have prepared such instruments for cap- 
turing the animals liable to seizure as aforesaid, as may be 
proper and necessary. 


Sec. 10. A fine of five dollars shall be imposed upon any 
person who shall allow a proud bitch belonging to him to run 
at large in the city, and a further fine of_ten dollars for each 
day after the first day said bitch runs at large: Provided, The 
‘Chief of Police, or any policeman, shall destroy her imme- 
diately upon discovery. 


Sec. 11. On every dog owned and kept within the City 
of Durham there shall be paid a license tax of one dollar 
per annum. On every slut owned and kept within the City 
of Durham there shall be paid a license tax of three dollars 
per annum. Said license tax to be paid on or before the Ist 
day of October in each year. If any owner of a dog or slut 
shall fail to comply with this ordinance he shall be notified by 
the Chief of Police to kill said dog or slut, and if he shall 
fail to comply with said notice, he shall, upon conviction, be 
fined five dollars. 


‘ 


City or Duryam 


Sec. 12. It shall be unlawful for any owner or owners 
of bull dogs in the City of Durham to allow the same to run 
at large on the streets of said city without first having muz- 
zled the said dogs. Any person failing to muzzle any bull 
dog before bringing the same upon the streets shall, upon con- 
viction, be fined two dollars for each and every offense. 

And it shall be the duty of the police to catch, impound and 
slaughter all bull dogs running at large on the streets of the 
City of Durham when said dogs are not muzzled as here- 
inbefore required. 


CHAPTER XVII 
CONCERNING STREET CARS 


Section 1. All persons are forbidden and prohibited from 
getting on street cars while in motion except for the bona 
fide purpose of using the same for transportation and paying 
the fare. Any person violating the provisions of this sec- 
tion shall be fined five dollars for each offense. 


Sec. 2. Any person who shall get upon a street car and 
shall, upon the demand of the conductor thereof, refuse to 
pay his fare, and shall refuse to leave said car at request of 
the conductor, upon the car being stopped, shall, upon con- 
viction, be fined two dollars. 


Sec. 3. Motormen on electric cars and drivers of auto- 
mobiles or motorcycles, when approaching a frightened ani- 
mal, which said animal is being ridden or driven, shall stop 
such street car, automobile or motorcycle as promptly as pos- 
sible after observing such animal. Nor shall they ring gongs, 
sound whistles or blow horns at such times. Any person vio- 
lating this ordinance shall, upon conviction, be fined ten dol- 
lars. 

Sec. 4. It shall be unlawful for any person or persons 
to run any street car, or cause the same to be run, in the 
City of Durham, at a rate of speed greater than fourteen 
miles an hour. Any person violating this ordinance shall, 
upon conviction, be fined ten dollars. 


93 


Forbidden to get 
on cars only as 
passengers. 


Refusal to pay. 
tare. 


Duty of motor- 
men. 


Rate of speed 
street cars. 


94 


No expectoration 
in street cars. 


Control of sewer 
system by Board 
of Aldermen. 


Appointment of 
Inspector of 
sewers and 
plumbing. 


ORDINANCES OF THE 


Sec. 5. It shall be unlawful for any person to expectorate 
or spit upon the floor, platform or steps of any street car 
in the City of Durham, or upon the floor, steps or platform of 
any street car within one-half mile of the City of Durham 
and any person so offending shall, upon conviction, be fined 
one dollar. 


Sec. 6. It shall be unlawful for any person, firm or corpo- 
ration to operate any electric, trolley or other street car on the 
streets of the City of Durham without watering the tracks 
and that part of the street or streets used and occupied by such 
persons, firms or corporations so as to effectually keep down 
the dust on such tracks and such parts of the streets laid. 

Any person, firm or corporation violating this ordinance 
shall, upon conviction be fined twenty-five dollars, and each 
day the ordinance is violated shall constitute a separate offense. 


CHAPTER XV iit 


PLUMBING 


Section l. That the sewerage system of the City of Dur- 
ham, and all matters and things appertaining to its use, man- 
agement and control, in every manner and way, shall be un- 
der the control of the Board of Aldermen of Durham, its 
agents and employees, as hereinafter set forth in this ordi- 
nance and such ordinances as the Board of Aldermen may 
hereafter adopt from time to time; and the duty of enforcing 
the provisions of all such ordinances shall devolve upon such 
officers or agents of the city as may be thereunto required by 
said Board of Aldermen, by ordinance or otherwise. - 


Sec. 2. The Board of Aldermen shall elect or appoint for 
such a term as it may deem best, and at such compensation 
as it may hereafter fix, some competent person with a prac- 
tical knowledge of plumbing and house-drainage, who shall 
be designated as Inspector of Sewers and Plumbing, who 
shall perform such duties and exercise such authority as may 
be hereafter imposed upon him by the Board of Aldermen in 
this and in subsequent ordinances. 


Te se ee . ae 


Ciry or DurHam 


Sec. 3. Before any person, firm or corporation shall en- 
gage in or carry on tthe business of plumbing, or house drain- 
age in the City of Durham, or shall do any plumbing or house 
drainage work, said person, firm or corporation shall give a 
good and sufficient bond in the sum of two hundred dollars, 
said bond to be approved by the mayor and the city attorney 
of the said City, conditioned upon the observance of the 
rules and regulations contained in this and subsequent ordi- 
nances for the faithful performance of duty in making con- 
nections with the sewers of said city and to indemnify the said 
City against loss in any manner whatsoever for any unskillful 
or negligent work, or conduct, in the performance of any 
plumbing or house drainage, or for any damage to the sewer 
pipes, streets or sidewalks of said City or for the use of de- 
fective or improper material in said work, by themselves or 
their employees, whereupon they may be duly licensed by the 
Chief of Police to conduct a plumbing business or do plumbing 
work for which said license a fee of twenty-five dollars 
per annum shall be paid in advance. 


Sec. 4. There shall be a board of examiners of plumbers 
for the City of Durham, which said board shall consist of 
three members, to-wit, one master plumber, one journeyman 
plumber to be designated by the mayor, and board of Aldermen, 
and the plumbing inspector. 

If any member of the said board shall resign, or from any 
cause there shall be a vacancy on said board the vacancy shall 
be filled by the remaining members of said. board. 

Any person desiring to follow the trade of plumbing in the 
City of Durham, shall first submit to an examiation by the 
said Board of Examiners as to his competency and capability 
to follow such trade; and if upon examination the board of 
examiners shall find the said applicant capable and competent 
to follow the said trade of plumbing, they shall then issue to 
the said applicant a certificate setting forth that he has been 
duly examined by said board and found capable and competent 
to follow said trade of plumbing ; and thereupon the Plumbing 
Inspector of the City of Durham shall issue to the holder of 
such certificate a license authorizing the holder thereof to en- 
gage in the plumbing business, or follow the plumbing trade in 


96 


Inspector to be 
notified before 
work is covered. 


Inspector exam- 
ine plans of 
house connec- 
tions. 


Further duties of 
Inspectors. 


ORDINANCES OF THE 


the City of Durham, provided the holder of such certificate 
shall pay to the Clerk of the City of Durham the sum of one 
dollar to cover the expense of said examination and to also 
pay the license fee provided in. Section 3 above. Any license 
granted hereunder may be revoked by the Board of Aldermen 
of the City of Durham at the discretion of said board. Any 
person, firm of corporation who shall follow the trade of 
plumbing in the City of Durham without first obtaining a 
license shall be guilty of a misdemeanor and upon conviction 
shall be fined the sum of five dollars. 


Sec. 5. All plumbing or house drainage work done in 
the City shall be subject to the inspection and approval of 
the City Plumbing Inspector and done in accordance with the 
rules and regulations prescribed in the ordinances of the City 
of Durham. Whenever a house connection is being made to the 
public sewer, the plumber doing the work shall, before any 
part of his work is covered or hidden from view, notify the 
Inspector that the work is ready for inspection, and the In- 
spector shall proceed with due diligence to inspect the work. 


Sec. 6. It shall be the duty of the Inspector of Sewers 
and Plumbing to periodically inspect plans on file for making 
house connections as provided in Section 7 and to accept, 
reject or make such alterations in the plans for plumbing of 
such houses as he may deem necessary to the securing of 
proper sanitary plumbing and house connections with the 
public sewers. 


Sec. 7. It shall be the duty of Inspectors of Sewers and 
Plumbing, under the direction of the Board of Aldermen, to 
issue all permits, notices and certificates; to keep a daily rec- 
ord of his work, including all notices and applications receiv- 
ed, and permits granted, and certificates given, and to report 
promptly to the Mayor all violations of these regulations. He 
shall inspect all house connections during their construction, 
from time to time, sufficiently to see that all plumbing, drain- 
age and sewerage work is done in accordance with these 
rules and regulations. He shall, immediately upon notifica- 
tion by the plumber, proceed to inspect and pass upon the 
work, apply such tests (tests to be actually applied by plumber 


oS ay ee 


~~ re 


. 


City or Duryam 


in the presence of the Inspector). as may, from time to time, 
be prescribed, and have any defects immediately remedied 
under his supervision. Tests will generally consist of a water 
test on the roughed in work, filling all pipes (and traps where 
possible) full of water to the highest joint above the roof 
and an air or smoke test on the fixtures. He shall promptly 
condemn and order the removal of any defective material 
or work done contrary to the spirit of these regulations and 
specifications governing house connections. 


Sec. 8. No plumbing work shall be used until the same 
has been duly inspected by the Inspector and a certificate of 
approval issued. 


Sec. 9. The Inspector, as far as may be necessary for the 
performance of his duties, shall have the right to enter any 
building or premises in the limits of the city without inter- 
ference or hindrance, and he shall have the power to condemn 
all unsanitary work, and report the same to the Mayor and 
Board of Aldermen. A specified time shall be given in which 
the defects can be remedied. He shall also report all persons 
who shall interfere with him in the performance of his duties ; 
and any person so interfering with the Inspector in the dis- 
charge of his duties shall be punished as hereinafter prescribed. 


Sec. 10. No plumber, or any other person, shall make a 
connection to the public sewer without being duly licensed so 
to do, nor in any manner except in strict accordance with all 
the foregoing regulations, and the following specifications, 
under penalty of a revocation of his license, and a further 
penalty as hereinafter prescribed. 


Sec. 11. Permits for sewer connections will not be given 
until distance of required sewer is determined from nearest 
man hole on lower end of main sewer. A “Y” shall not be 
folded in the line if the desired distance is in fifteen feet of 
“Y” already in, unless main line fall will not allow connection 
on upper side of desired connection. No connection shall be 
over a 45-degree angle to a vertical line. 


Sec. 12. The out plumber who makes any house connec- 


tion with the public sewer shall be held responsible for any 
damage he may do to the sewer or streets or sidewalks. He 


97 


Plumbing work 
approved before 
use. 


Inspector to en- 
ter buildings. 


Only licensed 
plumbers make 
sewer connec- 
tions. 


Permits for sew- 
er connections. 


Plumber respon- 
sible for damage. 


98 


Certain connec- 
tions to sewers 
prohibited. 


Separate sewer 
connections each 
house. 


House drains. 


Soil pipes. 


ORDINANCES OF THE 


shall restore the streets and sidewalks to as good condition as 
they were at the beginning of the work. 


Sec. 13. No person or persons shall directly or indirectly 
connect any open gutter, cess-pool, privy vault, or rainwater 
conductors with the sanitary sewers. 


Src. 14. Every house or building to be connected with the 
public sewer shall be separately connected unless special permit 
is granted by the Plumbing Inspector or by the Board of 
Aldermen for combined connections. 


Sec. 15. The house drains shall be of four-inch, five-inch, 
or six-inch diameter, standard deep and wide socket, vitrified 
salt sewer glazed sewer pipe, from the public sewer to within 
three feet of entrance to the building. The joints shall be made 
with fresh ground cement, composed of one part cement and 
two parts sand. On pipe six inches in diameter or larger, joints 
shall be made with oakum and cement. A mop filled with 
sand and straw shall be drawn through the pipe as same is 
laid. Pipe shall be laid in straight lines with grades not less 
than one foot in forty feet for four inch, one foot in sixty 
feet for five-inch, and one foot in eighty feet for six-inch pipe. 
Connections to the public sewer shall be made by a % bend 
to a “Y” branch; all other changes in direction from a straight 
line shall be made by a curved pipe. 


Sec. 16. The soil pipe shall be of cast iron, generally of 
four-inch diameter, extending from the connection with the 
house drain (three feet from building line) through the 
entire height of the building, and not less than two feet above 
a two-story building and three feet above a single story build- 
ing. Where outlets of pipes are near to chimneys or ventila- 
tors, in no case shall same be allowed within six feet of the 
opening of such chimneys or ventilators if it can possibly be 
avoided. When windows or doors are nearer than twenty 
feet to vent, vent shall in all cases be extended above them at 
least two feet; if line is over ten feet above roof it shall be 
secured by suitable brackets. In all cases where pipe runs 
through a single story building and there is a two-story part 
nearby, it should run up alongside of two-story part. The pipe 


See 


ee ee ee a a ee 


Crry or Duryuam 


shall be wholly open at the top and protected by a wire basket. 
The main stack shall be provided with a suitable clean-out 
screw cap at the foot. 


The sizes of soil and waste pipes must not be less than 
those set forth in the following table: 


Horizontal Runs Number of Water Closet 
2 LEGS a ietor6 
IIe 0s). ) a. a's ain eve oe eo 7: 10:A2 
| (EDD... Be 13 to 20 

Vertical Runs Number of Water Closet 
= (h¢s...- 02 Se tom, 
| 215.1 13 to 25 
© iSiGt.. Abo aoe Bene 26 to 40 


Small fixtures in number not to exceed twice the number 
of water closets, may discharge into the lines above specified 
without increasing their size. When the small fixtures exceed 
in number this ratio, four other fixtures shall be considered 
equal to one water closet. All soil pipe must be coated both 
inside and outside with coal pitch, varnish, or liquid asphalt. 
Joints shall be made with picked oakum gasket, and with one 
pouring of hot lead, and so thoroughly caulked as to make 
them gas and water tight. 


Sec. 17. Waste and vent pipes from bath-tub, washbowl, 
basins, pantry sinks, kitchen sinks, slop sinks and all other 
fixtures may be of lead or iron of not more than two inches 
diameter. The diameter of lead pipe for the various wastes 
shall be as follows: 

One wash bowl, 1% to 1% inches. 

Row of basins, 1%4 to 2 inches. 

One bath-tub, 1% inches inlet to trap, 144 inches outlet. 

Row of bath tubs, 2 inches. 

Pantry sink, 1%4 inches. 

Kitchen sink, 114 inches. 

Laundry trays, 2 inches. 

Slop sinks, 3 inches. 

Urinal, 14-inch trap connected to 2-inch discharge. 


99 


Size of soil and 
waste pipes. 


Waste and vent 
pipes. 


100 ORDINANCES OF THE 


Horizontal or Vertical Runs Number of Fixtures 
1% inches: ... 2.0 040. ee ee 2 
2 inches............3.0.0 50 3 tec 
2% inches. 0.5.2.0. 5 6506 » te 6 to 10 
3 inches.......s51.. 520 een 10 to 16 


The weight of lead pipe, bends and traps per foot shall 
approximate : 


2% pounds for 14-inch diameter pipe for flush pipe only. 
3 pounds for 1%-inch diameter pipe. 

4 pounds for 2-inch diameter pipe. 

6 pounds for 3-inch diameter pipe. 

8 pounds for 4-inch diameter pipe. 


All connections of lead waste and vent pipes must be made 
with brass ferrule or soldering nipple, and shall be put together 
by means of well made wiped solder joints. Waste and vent 
pipes, if made of iron, shall fulfill same requirements as pre- 
scribed in Section 16. In cases where lead and iron pipes 
join, the joints shall be made by a brass or tinned copper sleeve 
or ferrule; the joint with the iron pipe shall be either screw or 
lead caulked, and with the lead pipe with a wiped solder joint. 
No waste from bath sink or other fixture shall be run into a 
lead bend of closet branch above the heel or into the heel of 
such bend, but must connect to a “Y.” ‘Traps must be placed 
as close as possible to the fixture which it traps. 


Waste pipes. Sec. 18. All waste pipes that run more than twenty-five 
feet from the main stack or soil pipe, shall continue unbroken 
above the roof or return to the main stack above the highest 
fixture. 


Separate traps Sec. 19. Every sink, bath-tub, water closet, basin, urinal, 
safe or other fixtures shall be separately trapped. Every trap 
shall have a vent pipe connecting it with the main ventilating 
pipe, except when waste vent is used. Then in every case 
trap must be a size smaller than the pipe it enters, except drum 
trap, when inlet from fixture is a size smaller than outlet from 
trap. Pipe will be returned to stack or go through separately 
when further away than ten feet. P traps will be allowed 
unvented when within fifteen inches of stack. Tne main vent 


Crry or Dturuam 


pipe shall be of iron, generally of two inches in diameter, ex- 
tending from the lower fixtures parallel with the soil pipe, 
either above the roof with an open top and wire basket, or it 
may terminate in the soil pipe above the highest fixture. The 
vent pipe from a water closet trap shall be two inches in 
diameter; the vent pipes from all other traps to be of the 
same diameter as the pipe which it vents, unless a two-inch line, 
such as a kitchen sink waste, which is nearer than twenty feet 
from the main four-inch stack; in such cases one and one-half 
inch galvanized pipe may be used from two-inch sanitary T. 
If necessary to use two-inch lead pipe in order to keep near the 
pipe up and through roof. , 

The sizes of main and branch vents must be increased as 
fixtures are added, as follows: 


Number and Size of Traps Vented 


MEPMEELEAPIS. 22.0. es 1% or 2 inches 
L Gs S.ne peer eren 3. or 4 inches 
REP SREEAPS .-- 02. .--.--+--- 3 or 4 inches 
MeaeIeRETApS, ........-.-....- 3 or 4 inches 
i OD 25036) Cr 3. or 4 inches 
Diameter—Maximum Length 
5 LS cae Na eae 25 feet 
2 otic Oe ee era 50 feet 
is ll Aedes ea ee mea 75 feet 
PRMRORBE SN ea. Cea k ee ye wee 100 feet 
& iG mt aey agus Sy es alee a: Se 150 feet 


Be it, however, understood that four 14-inch, or two 
2-inch traps shall be considered equal to one 4-inch trap. 


The vent pipes must always have a continuous slope to pre- 
vent the retention of water which may be condensed in the 
pipes, and the vertical soil pipe above the highest fixture and 
back vent pipe shall be run at an angle not exceeding forty-five 
degrees with the vertical to prevent the retention of rust, except 
where special permission is given to the contrary in excep- 
tional cases. All branch vent pipes must be kept above the 
top of any and all connecting fixtures so as to prevent the pos- 


101 


102 


Fixture, how 
trapped, etc. 


Branch line of 
soil pipe. 


ORDINANCES OF THE 


sible use of vents as waste pipes should the latter become ob- 
structed. ; 


Sec. 20. All traps must be well supported and set true 
with respect to their water levels. 

All traps must have a water seal of at least 1% inches 
in depth. 


Sec. 21. Every branch line of soil pipe to which a group 
of two or more water closets are to be connected, and every 
branch line of horizontal soil pipe, fifteen feet or more in 
length, to which a water closet is to be connected, shall be 
ventilated either by extending said soil pipe, undiminished in 
size, to at least three feet above the highest part or the build- 
ing, or contiguous property, or by connecting said soil pipe 
with the main soil pipe three feet above the highest fixture. 


Sec. 22. Pan, plunger, offset, washout range closets and 
washout latrines shall not be allowed in any building; nor shall 
hopper closets be installed in any building hereafter erected 
unless of approved pattern. Such closets when found to 
be a nuisance, shall be removed; or when the same are re- 
moved for repairs they shall not be again installed. Closets 
shall be set with brass floor plate not less than %4 of an 
inch in thickness, soldered to a lead bend. Such lead bends 
shall project above flange about % of an inch or more if neces- 
sary, but shall not bind against base of closet. Also the pro- 
jecting part shall be flared out enough so base of closet outlet 
will fit inside of it tightly. Closet shall be seated and made 
gas tight in connection by white lead and dry lead powder, 
mixed in a state of putty. When oil is used in mixture boiled 
linseed oil shall be used. All water closets must be provided 
with a sufficient supply of water for flushing, and to keep them 
in proper and cleanly condition. No copper lined flush tank 
will be permitted for use for any closet; nothing but lead lin- 
ed or vitrous china or cast iron tanks are permitted. Water 
closets shall be located in well lighted, well ventilated apart- 
ments; water closets shall not be flushed by direct service from 
the water pipes, but from special tanks placed in such posi- 
tion as to give at least a head of six feet, except that the low 
tank pattern of syphon jet closet may be used subject to ap- 


Ciry or DurHam 


proval. The overflow from the tank, if any, shall be discharg- 
ed into the open air or basin of the closet; in no case shall it 
discharge directly into the soil pipe. An approved type of 
frost-proof closet will be allowed out of doors. Same shall 
have 2-inch vent from trap extending above roof of outhcus2 
in which it shall be located. 


SEc. 23. Water pipes from safes, refrigerators, cistern 
overflows and water tanks from which water is taken for 
drinking and cooking purposes, shall in no case be connected 
directly with any soil, waste or drain pipe, but must be dis- 
charged into an open sink, which’shall be properly trapped, or 
into the open air. 


Sec. 24. All exit pipes from plumbing fixtures, except 
water closets, shall be covered by strong metallic strainers, 
securely fastened, and of such mesh as to prevent any im- 
proper substance from entering the sewers or drains. 


Sec. 25. All fixtures shall be wholly exposed when pos- 
sible or practicable. All pipe shall be concentrated as much as 
possible, and so placed as to be readily examined and inspected. 


Sec. 26. No person or persons shall injure, break, remove 
or obstruct any portion of any manhole, lamphole, flush-tank 
or any other part of the public sewer. Any person violating 
the provisions of this section shall be punished as hereinafter 
prescribed. 


Sec. 27. The Board of Aldermen shall have power to 
prevent or discontinue any connection with the public sewer 
which discharges any substance liable to injure the sewers or 
obstruct the flow of the sewage. 


Sec. 28. No waste from gas works containing tar or any 
other by-products, and no exhaust steam shall be allowed into 
the public sewers, or water of a higher temperature than 120 
degrees Fahrenheit. 


Sec. 29. That there shall be no substance, either solid or 
liquid, put into the public sewers of the city at manholes, or in 
any other way than through a connection made as herein pro- 
vided ; and any one violating the provisions of this section shall 
be punished as hereinafter prescribed. 


103 


Nature of exit 
pipes. 


Placing of fix- 
tures and pipes. 


Injury to public 
sewer, penalty. 


Power of Board 
to disconnect 
with any pub- 
lic sewer. 


Exhaust Steam. 


No substance to 
be put in sewers 
at manholes. 


104 


. Sheet metal, etc., 
flue not to be 
used as ventila- 
tor. 


Sinks to be 
trapped. 


Securing pipe 
line in position. 


Supports for base 
of pipe. 


How vent pipe 
should terminate. 


How vent pipes 
reduced or in- 
creased. 


Second-hand ma- 
terial to be ap- 
proved by in- 
spector. 


Pipes not to be 
tapped. 


How drain or 
sewer replaced. 


ORDINANCES OF THE 


Sec. 30. No sheet metal, brick, earthenware, chimney or 
other flue, shall be used as a ventilator for any house sewer or 
drain, nor to ventilate any traps, drain, soil, waste, or vent pipe. 


Sec. 31. Where soil and vent pipes pass through roofs a 
proper lead or metallic adjustable flashing shall be used. 


Sec. 32. All kitchen sinks or other fixtures when installed, 
and no sewerage connection to be had to them, shall in all 
cases be trapped, so foul air arising through pipe will not enter 
living apartments. 


Sec. 33. Soil pipe shall be made secure with at least a 5-16 
round iron bracket or 1 x 3-16 inch iron straps, same to be not 
over ten feet apart, securely fastened into joists or beams by 
means of two large screws for each end. Pipe rest brackets 
shall be used on every twenty feet of vertical pipe. All brack- 
ets shall be painted with one coat of asphalt or red lead paint, 
or be galvanized. 


Sec. 34. Base up pipes must be supported, if practicable, 
on strong brick piers, or otherwise held in place a the 
wall by strong iron hangers or straps. 


Sec. 35. No vent pipe shall terminate below the roof or on 
side of building, but must be extended above the roof as speci- 
fied for soil pipes. 


Sec. 36. When vent pipes are reduced or increased, a 
proper fitting manufactured for that purpose must be used. 
Whenever it is necessary to use bushing in increasing or de- 
creasing, they must always be of brass. 


Sec. 37. No second-hand material or fixture will be per- 
mitted to be used until they have been approved by the In- 
spector of Plumbing. 


Sec. 38. No drain, soil, waste, or vent pipe shall be tapped, 
saddle hubs being strictly prohibited. 


Sec. 39. No building, or addition, shall be constructed over .- 
an existing terra cotta drain or sewer, but in each case the 
house drain or sewer shall be replaced with cast iron pipe 
within the limits of the proposed building and three feet out- 
side of said building. 


Crry or Duryam 


Sec. 40. In all buildings used jointly for residence and 
business purposes, separate and sufficient water closets shall 
be provided for the use of families and for the use of em- 
ployees and patrons of the place. 


Sec. 41. No paper other than what is commonly known 
as toilet paper shall be placed in any water closet or allowed 
to enter any soil pipe. 


Sec. 42. The installation of stationary wooden sinks and 
wooden laundry tubs or copper lined wooden bath tubs is pro- 
hibited inside of any building used for human habitation with- 
out first securing permission from the Board of Aldermen. 
Such sinks and tubs shall be of non-absorbent material. 


Sec. 43. When a single closet or other plumbing fixture 
is alone located in a building, or on the top floor of any build- 
ing, and there is a soil or waste pipe of undiminished size from 
ground up and through building, the revent pipe may be dis- 
pensed with. Closets shall not be over three feet away from 
such pipe. 


Sec. 44. Slit joints shall not be permitted on the sewer side 
of any trap except Dayton waste and vent filing with rubber 


105 


Separate closets 
buildings and 
residences, 


Toilet paper. 


Re-vent omitted, 
when. 


asket and metallic ring, nor any soldering unions unless they ~ 
$5 y $ y 


have a metal ground joint connection. Unions of wrought iron 
pipe shall be made by means of metallic brass seated ground 
unions and made tight without gaskets or packing. 


Sec. 45. Traps, catch basins, floor washouts, urinal gut- 
ters and wash racks in barns or stables shall be provided with 
deep seal traps having heavy strainers. Such traps shall have 
a depth of seal of at least three inches, and shall be located at 
the floor line. An adequate water supply shall be provided for 
flushing such gutters; all liquid waste from barns or stables 
shall be intercepted before entering the sewer by a catch basin 
placed outside of the building, which shall be either a catch 
basin constructed according to the specifications for such catch 


Barn drainage. 


basins, or a cast iron catch basin provided with bolt air-tight -- 


iron cover. Work to have proper vent. 


Sec. 46. Permits will be required. for all work except a 


What is a re- 
pair job. 


106 ORDINANCES OF THE 


repair job. A repair job is held to mean one that does not 
require a change in a fixture or a pipe line. 


A genre: Src. 47. Any and all work shall be done in a first-class 
workmanlike manner, and materials not specified shall be first- 
class in all respects and approved by the Inspector before being 
used. 


When soil or e i i 
Aves’ Gipes Sec. 48. If any soil, waste, vent or sewer pipe, or any 


become a nuisance trap or fixture becomes stopped up, is broken or leaking, a 

or detriment to : i 

a nuisance or a detriment to health, the plumber called upon to 
repair the same shall make all alteration necessary to secure the 
same, and all such alteration and repair shall be in strict con- 


formity with these regulations. 


fete os Be Sec. 49. Any master plumber or any of his or their em- 
ployees who shall hide any defects in any pipe fitting or plumb- 
ing material, shall be sufficient cause to revoke the license of a 
master plumber and also to prohibit any journeyman plumber 
or apprentice from working at the plumbing trade in the City 
of Durham, for such time as the Board of Aldermen may de- 
termine. 


qUnS (MP Buble Sec. 50. Any person who shall fill up, or in amy manner 
injure or obstruct any of the public drains, or sewers, in any 
part of the city, shall pay a fine of five dollars. 


Sec. 51. Any person who violates any of the provisions of 
this ordinance whether in doing that which is forbidden or in 
failing to do that which is required, shall, upon conviction, be 
fined twenty-five dollars, and if the violation is a continuing 
one each day that it continues after a conviction thereof, shall 
be deemed a separate offense and be punished as provided in 
this section, provided this section shall not apply to any sec- 
tion of this ordinance in which the penalty for the violation 
thereof is expressly set out. 

Sec. 52. It shall be unlawful for any person, firm or cor- 
poration to place any metallic pipe or pipes nearer than the dis- 
tance of one foot from any wire used for the purpose of con- 
ducting electricity without first notifying the City Electrician. 

Any person, firm or corporation violating this ordinance 
shall be guilty of a misdemeanor and upon conviction shall be 
fined five dollars. 


City or Duryuam 107 


CHAPTER XIX 


BUILDING LAWS 


SEcTion 1. When any person shall be desirous of erecting, Pe™* 
repairing, changing or altering any building, buildings or 
structure, within the limits of the City of Durnam, he shall 
make application at the office of City Building Inspector for a 
permit for that purpose, and shall furnish said City Building 
_ Inspector with a written statement of the proposed location, 
dimensions and manner of construction of the proposed build- 
ing, buildings or structure, and the materials to be used. After 
which, if it shall appear to said City Building Inspector that the 
laws and ordinances of the city are complied with, he shall 
give the permit asked for. 


Sec. 2. Blank forms for the detailed statement as herein Forms. 
required, may be gbtained at the office of the City Building 
Inspector for applicants to fill out, describing location of pro- 
posed structure, number and height of stories, and for what 
purpose the building, buildings or structure is designed, and 
such other information applicable to the proposed improve- 
) ment, which statement so properly filled out, the owner or 
_ owners, his or their architect or agent, shall sign the agreement 
__ contained in said detailed statement, that he or they will in 
all respects construct the work in accordance with such de- 
tailed statement, plans and specifications, and in compliance 
with the laws and ordinances of the City of Durham, and it 
_ shall not be lawful to proceed to construct, alter or repair any 
: building, buildings or structure within the limits of said City 
of Durham without such permit. 
: 


Src. 2-A. The City Building Inspector shall keep a record [ity Ensinter 
of all permits issued, which shall be regularly numbered in ‘ste certificates. 
_ the order of their issue. He shall, on application for that pur- 
pose, furnish the owner or owners, contractor or contractors, 
his certificate that said house or building is in all respects con- 
: 


formable to law, and properly constructed. 


Sec. 3. It shall not be lawful for any person to erect, con- Unlawful to 


struct or build, or cause to be erected, constructed or built, any imspected. 
brick, iron, granite, marble or stone house or building, or any 


108 


Building within 
fire district. 


Conditions un- 
der which City 
Engineer may 
condemn, 


Walls, etc. 


ORDINANCES OF THE 


house or building composed partly of brick, iron, granite or 
stone, or to alter any such building so as to make it substantial- 
ly a new building, unless the same shall have been inspected | 
from time to time by the City Building Inspector, and a cer- 
tificate furnished by him that the said house or building is pro- 
perly constructed, and in all respects safe and secure; and 
should said City Building Inspector award such certificate to 
any person or persons for any house or building not construct- 
ed according to the provisions of this ordinance, the bond 
given by such City Building Inspector shall be liable for all 
injury and damage caused by his giving such erroneous certi- 
ficate. 

Sec. 4. No person or persons shall erect or cause to be 
erected, within the fire limits of the City of Durham, as now 
established by ordinance, or hereafter may be established by 
ordinance, any building or addition to a building, the outer 
walls of which are not composed entirely of brick, stone, mor- 
tar, or other incombustible material. Every building erected 
or built as aforesaid shall be covered or roofed with slate, tin, 
zinc, copper, iron or other equally fireproof roofing, and if 
any building within the limits aforesaid shall be destroyed 
to the extent of one-half thereof, is shall be unlawful to rebuild 
the same unless the outer walls and roof of the portion rebuilt 
shall be composed entirely of incombustible material. Any 
person who shall violate any of the provisions of this section 
shall forfeit and pay the sum of twenty dollars, and the furth- 
er sum of ten dollars for each day the same shall be permitted 
to remain without being made to conform to the laws and or- 
dinances of the city. 


Sec. 5. If any owner or owners of any building within 
the fire district of the City of Durham shall fail or refuse to 
comply with the foregoing section, when his or their building 
shall have been damaged to the extent of fifty per cent as 
aforesaid, then the City Building Inspector shall, if he con- 
siders such building or part thereof, unsafe or dangerous to 
life or limb, condemn the same, observing always the provi- 
sions contained in Section 33 of Chapter 19 of these ordinances. 


Src. 6. The height for stories for all given thickness of 
walls must not exceed 11 feet in the clear for basement, 18 


i i i i 


Ciry or Duruam 


feet in the clear for first story, 15 feet in the clear for second 
story, 13 feet in the clear for third story, 12 feet in the clear 
for fourth story, and 14 feet in clear average height of upper 
story. If any story exceeds these heights respectively, the walls 
of such story, and of all stories below the same, shall be in- 
creased four inches in thickness additional to the thickness 
hereinafter mentioned. 


Sec. 7. In accordance with the foregoing provisions, all 
walls for business buildings shall be of the thickness designated 
in the following table: 


THICKNESS OF WALL 
IN INCHES 

HEIGHT OF BUILDING $5 aie aes Pala bs 
ne cote eke gE vam 
ES/SSes|5 558 
|aa BF baeg UD lan 
Le ltey Bulle hed 5S 9 | ae | 5S) eee a 
22S Y LLCLG iL fe SI Vea ee ee 
Ss OFF BEI Gir ee EASEEY 1S ee 
aS) FO 0 i 22 EE alee obese 
BSc OG i 26222: She eee Ss 


Parapet walls to rise not less than 18 inches above roof 
and to be not less than 13 inches thick. 


Girders and beams to rest on ledges of metal, stone or 
brick. 


The following being a full and correct description of a 
standard building: 


Is one having walls of brick or stone (brick preferred) 
not less than 13 inches thick at top story, extending through, 
and 18 inches above roof in parapet and coped, and increasing 
4 inches in thickness for each story below to the ground, the 
increased thickness of each story to be utilized for beam and 
girder ledges. Ground floor area not over 5,000 square feet 
(say 50 by 100), height not over 4 stories, or 50 feet; floors 
of 3-inch plank, covered by 1-inch flooring crossing at right 
angles, with water-proof paper between (tin or sheet-iron 
between preferred) ; wooden beams and girders and wooden 
story posts or columns 12 inches square, or protected iron col- 
umns ; elevators, stairways, etc., cut off by brick walls or plaster 


on metallic studs and lathing; communications with stairways 


109 


Provisions. 


Parapet walls. 


Girders. 


Standard build- 
ing. 


110 


Business build- 
ing. 


Wholesale store. 


Basement. 


Height. 


Increase of 
height. 


Wallis of rooms, 
etc. 


OrDINANCES OF THE 


at each floor protected with approved tin-covered doors and 
fire-proof sills ; windows and doors on exposed sides, protected 
by approved tin-covered doors and shutters; walls of flues not 
less than 8 inches in thickness, to be lined with fire-brick, terra 
cotta or cast-iron, and throat capacity not less than 64 square 
inches, if steam boilers are used; all floor timbers to be trimi- 
med at least 4 inches from outside of flue; heated by steam; 
lighted by gas; cornices of brick, metal, terra cotta or other 
incombustible material; roof covered with metal or tile; if 
partitions are hollow or walls are furred off, there must 
be mortar or other firestops at each door. 


Sec. 8. The term “Business Building” shall embrace all 
buildings used principally for business purposes, thus includ- 
ing, among others, hotels, theatres and office buildings. 


Sec. 9. The terms “Wholesale Store” or “Warehouse” 
shall embrace all buildings used (or intended to be used) ex- 
clusively for purposes of mercantile business or storage of 
goods. 

Sec. 10. A basement story of any building is defined as 
a story whose floor is 12 inches or more below the sidewalk, 
and whose height does not exceed 11 feet in the clear. All 
such stories that exceed 12 feet high shall be considered as 
first stories. 


Sec. ll. The height of all buildings for the purpose of 
this ordinance shall be taken from the grade of sidewalk to a 
point half way from the lowest to the highest part of the roof. 


Sec. 12. Whenever it is sought to increase the height of 
any building beyond the height for which the original permit 
was granted, the thickness of walls thereof shall also be in- 
creased in accordance with the above table. 


Sec. 13. The outside walls of rooms having trussed roots 
or ceilings, such as churches, public halls, theatres, dininz 
rooms or the like, if more than 15 or less than 25 feet high, 
shall average at least 16 inches; if over 25 feet high, at least 
20 inches ; if over 45 feet high, at least 24 inches in thickness. 
An increase of 4 inches in thickness shall be made in all cases 
where the walls are over 100 feet long, unless there are cross 
walls of equal height. 


City or Durnam 


Sec. 14. If solid buttresses are employed with a sectional 
area of 300 or more square inches, placed less than 18 feet 
apart, and extended to or nearly to top of walls, 4 inches may be 
deducted from the thickness of any wall having such buttresses. 


Sec. 15. Cut stone facings of walls shall be backed up with 
brick-work of same thickness required where no cut stone is 
used. In cases where the cut stone is in a great measure self- 
supporting, 4 inches less thickness of brick backing may be 
used. Ashler fronts, properly bonded to the brick-work, may 
have backing same as self-supporting stone fronts or walls. 


Sec. 16. Any party wall now existing that shall have been 
built conformable to the requirements of any law regulating 
the construction of such walls, and in force at the time of 
such construction, if sound and in good condition, may be used 
in the construction of any adjoining building: Provided, how- 
ever, That no brick-work shall be placed on such wall to give 
additional height to the wall, unless the thickness of such ad- 
ditional wall and the thickness of the old wall in each story 
shall at least equal the thickness required for division walls. 
This section shall apply in all cases where it is desired to add 
additional height to any business building being to add adi- 
tional height to any business building. In case of outside walls 
of any business building being built against the wall of any 
old building (not being a party wall), the new wall shall be 
of the same thickness required for outside walls in such build- 
ing. 

Sec. 17. Buildings having the first story, or basement and 
first story, designed for business purposes, and the upper 
stories for dwellings, the first being not more than 30 inches 
above grade of sidewalk, shall have walls of brick-work of the 
thickness as follows, to-wit: For two-story and basement 
buildings, the basement and first story walls, 17 inches; sec- 
ond story, 13 inches. For three-story and basement buildings, 
basement wall, 22 inches; first and second stories, 17 inches; 
third story, 13 inches. For four-story buildings, the basement 
wall 26 inches; first story 22 inches; second story, 17 inches; 
third and fourth stories, 13 inches. 


Sec. 18. All dwelling houses, including those having first 
story used for business purposes, and all other buildings that 


eer 


Buttresses. 


Stone facings. 


Party walls. 


Requirements and 
proportions. 


Dwelling houses. 


112 


Flat roofs. 


Business build- 
ings. 


Front walls. 


Chimneys. 


Kinds of chim- 
neys applicable. 


ORDINANCES OF THE 


are used, more than two stories high, having flat roofs, shall 
have all the walls (except front walls) extended 18 inches 
above the roof, and not less than 13 inches thick; to have pro- 
per copings of incombustible materials; double pitched roofs 
to have their division and side walls carried up, forming fire 
walls in same manner; walls at the eaves of all roofs (except 
flat roofs) shall be carried up their full thickness flush with 
upper edge of the rafters of roof, and the sheeting boards 
shall be bedded in mortar on such walls. 


Sec. 19. Business buildings more than two stories high, 
having flat roofs, shall have their side and rear walls carried 
up 18 inches above the roof; division or party walls, 24 inches 
above, forming fire-walls not less than 13 inches thick; to have 
copings of incombustible materials. Front walls may ter- 
minate flush with the upper surface of sheeting of roof. Divi- 
sion and party walls to extend through: mansard or other steep 
roofs not less than 18 inches, and having copings same as other 
fire-walls. 


Src. 20. No chimney shall be built with less than 4-inch 
walls and no chimney top shall be less than 5 feet above the 
roof (for flat roofs) and 2 feet above the ridge of any pitched 
roof. Ordinary flues in business buildings shall have walls. 
and 8-inch jams; flues larger than 250 square inches and less 
than 500 square inches shall be surrounded with walls not less 
than 8 inches thick; the walls of such flues, above the inlet 
funnel, shall be 12 inches thick for the first 15 feet around 
and above such inlet; tops of such chimneys to be at least 8 
feet above the roof, or 5 feet above the highest part of the 
roof within 50 feet of such chimney. Flues with more than 
500 or less than 800 inches area shall have not less than 12- 
inch walls for the first 36 feet, and 16-inch walls oposite the 
inlet and 10 feet above the same; top of chimney 10 feet above 
the roof, or 7 feet above the highest patt of the roof within 
50 feet of such chimney: Provided, That all chimneys having 
walls less than 8 inches thick shall be plastered on the brick or 
be covered with metallic lath or wire cloth before plastering. 


Sec. 21. The provisions of the foregoing sections as to 
the thickness of walls pertaining to chimneys shall be applica- 
ble only to such chimneys as are part of or situated in any 


Crry or Duryam 


building. Flues in party walls shall not extend beyond the 
center of the wall; joint flues in party walls shall be separated 
by a 4-inch “width” of fire-brick their entire height. 


Sec. 22. Any chimney not forming a part of a wall shall 
rest upon the ground with proper foundation, and in no case 
shall any chimney rest on or be supported by frame-work, 
beams or posts of wood-work of any description. 


Sec. 23. Proper foundation or masonry shall be prepared 
for the support of buildings, and no foundation shall be less 
than one foot below the exposed surface of the ground, and 
in no case shall any foundation rest on any filling or made 
ground. The breadths of the foundations of the several parts 
of any building shall be proportioned so that, as nearly as prac- 
ticable, the pressure shall be equal on each square foot of the 
foundation. Cement mortar shall be used in the masonry 
of all foundations exposed to dampness. 


Sec. 24. No wall of any building now erected, or hereafter 
to be built or erected, shall be cut off or altered without a per- 
mit so to do, having been first obtained from the City Building 
Inspector. Every temporary support placed under any struc- 
ture, wall, girder, beam or column, during the erection, finish- 
ing, altering or repairing of any building, or part thereof, shall 
be equal in strength to the permanent support required for 
such construction. 


Sec. 25. No timber, excepting lathing strips, shall be used 
in any wall of any brick building except arch forms for interior 
arched opening. 


Sec. 26. The backing of any iron front that is not wholly 
self-supporting shall be treated as an independent wall. If the 
iron is self-supporting, then the party wall shall be extended to 
meet the outer thickness of iron, and all vacancies shall be filled 
with grout to insure a complete separation of adjoining build- 
ings. 


Src. 27. The weather covering of all roofs, except of cot- 
tage dwelling houses not over 16 feet high above the grade of 
the sidewalk, shall be made of incombustible materials. 


113 


Chimneys not a 
part of wall, 
how treated. 


Foundations. 


Repairing walls. 


Timber in walls. 


Iron fronts. 


Weatherboarding. 


114 


Roofs. 


Bay windows, 
etc. 


Permit. 


Roofs. 


Dimensions to 


sustain load. 


Condemnation of 
buildings, etc. 


Alterations. 


Material. 


ORDINANCES OF THE 


Sec. 28. No uncovered tar, composition, resin, felt or 
wood-work shall in any way be exposed on any roof or ap- 
pendages. a 


Src. 29. Appendages to any business building above the 
first story, and above 30 feet from grade of sidewalk on any 
building, if not wholly of incombustible material, shall be en- 
veloped with metal. Dormer windows, cornices, mouldings, 
balconies, bay windows, towers, spires, ventilators, etc., shall 
be considered as appendages. 


Sec. 30. No bay window or other structure shall be placed 
on any building so as to project over any public way or square 
without the permission of the Board of Aldermen. 


Ste. 31. All roofs shall be so constructed as to be reached 
by a scuttle or by iron steps fastened to the outside of the 
outer wall. 


Sec. 32. Joists and girders in any building shall be of pro- 
per dimensions to sustain the load designed to be placed upon 
them. 


Sec. 33. Every building which shall appear to the City 
Building Inspector to be especially dangerous by reason of 
bad condition of walls, overloaded floors, defective construc- 
tion, decay, or other causes, shall be held to be unsafe; and the 
City Building Inspector besides proceeding as provided in 
Section 5 of Chapter 19, shall also affix a notice of the 
dangerous character of the structure in a conspicuous place on 
the exterior wall of said building. Any person removing such 
notice so affixed shall be liable to a fine of ten dollars for each 
and every offense. 


Sec. 34. No building now or hereafter built shall be altered 
until it has been apporved by the City Building Inspector as 
being in a good and safe condition to be altered as proposed, 
and the alteration so made shall conform to the provisions of 
this and any ordinance of the City of Durham in relation 
thereto. 


Sec. 35. In the erection or alteration of any building 
within the fire limits, the material of which, in whole or in 
part, is other than brick, stone or wood, the thickness of walls 


City or Duryam 


of such material and the method of construction shall be such 
as the City Building Inspector shall approve. 


SEc. 36. No building within the fire limits of the City of 
Durham shall be used or occupied, in whole or in part, for any 
of the trades hereinafter mentioned, to-wit: Planing mills, 
sash, door and blind factories, unless such building so occupied 
shall have in connection with it a brick or fire-proof vault of 
sufficient capacity to contain all shavings, sawdust, chips or 
other light combustible refuse connected therewith, and all 
such shavings and other light combustible refuse shall be re- 
moved daily from such premises to such vault. In no event 
shall proprietors, owners or lessees or such manufactories al- 
low combustible refuse to accumulate upon any lot or in any 
building within the fire district unless stored in a fire-proof 
vault. 


Sec. 37. All the officers appointed under this, or any fu- 
ture amendments to the same, shall, so far as may be necessary 
for the performance of their respective duties, have the right 
to enter any building or premises in said city. 


Sec. 38. Any work in addition or alteration made for any 
purpose in, to, or upon any building, except the necessary re- 


Buildings, for 
what used. 


Entry of build- 
ings by officers. 


Alteration. 


pairs, not affecting the external or party walls, chimneys, stair- ° 


ways, or height of building, shall, to the extent of such work, 
or alteration or addition, be subject to the regulations of this 
ordinance. 


Sec. 39. If any chimney flue or heating apparatus on any 
premises shall, in the opinion ofthe City Building Inspector en- 
danger the premises, the City Building Inspector shall at once 
notify, in writing, the owner or agent of said premises; if 
such owner or agent-fails for a period of 48 hours after the 
service of said notice upon him to make such chimney flue or 
heating apparatus safe, he shall be liable to a fine of five dol- 
lars. 


Sec. 40. Any person, persons, firm or corporation employ- 
ed in building or repairing any house on any of the streets of 
the City of Durham, may use the sidewalk in front of any lot 
on which such buildings are being erected or repaired with 
materials necessarily used in erecting and repairing such build- 


Unsafe chim- 
neys, notice. 


Rules governing 
building. 


116 


Temporary  side- 
walk, 


ORDINANCES OF THE 


ing until the same be covered or repaired and thirty days there- 
after and no longer. Such person, persons, firm or corporation 
employed in building or repairing any house on any of the 
streets of the City of Durham shall enclose the part thereof 
which fronts on the street to the height of eight feet, and 
may use the whole of the sidewalk, and embrace said side- 
walk within such enclosure: Provided, That any person, per- 
sons, firm or corporation engaged in repairing the second story 
of any building adjacent to the sidewalk may in lieu of the 
enclosure herein provided for erect over and above the side- 
walk in front of the said building a substantial scafford, not 
less than ten feet high, and entirely covered with a double 
floor over the said sidewalk; the said scaffold to be subject to 
the approval of the City Building Inspector. Any person, per- 
sons, firm or corporation violating this ordinance shall be 
fined five dollars every day that the materials are allowed to re- 
main in the street beyond sidewalk, and five dollars for every 
day that building or repairing is done without erecting the 
above prescribed enclosure or scaffold. 


Sec. 41. Whenever any sidewalk shall be dug or torn up 
by any person or corporation, the said person or corporation 
shall, within three days from time of the beginning of dig- 
ging away or tearing up the sidewalk, construct over said side- 
walk so dug or torn up, a substantial foot-way not less than 
three feet in width, with proper guards on the side for the 
use of the public, which shall be maintained until said side- 
walk is restored and repaved in proper manner. Every person 
or corporation violating this section shall be fined five dollars 
for each and every day which shall elapse until a footway shall 
be constructed as herein provided. 


Src. 42. It shall be the duty of every person, persons, _ 


firm or corporation carrying on the business of contractors for 
the erection of buildings in the City of Durham, to register in 
a book to be provided for that purpose at the office of the City 
Building Inspector, giving name and place of business. It 
shall further be the duty of every person, firm or corporation 
carrying on said business of contractor for the erection of 
buildings to give a good and sufficient bond in the sum of five 
hundred dollars, to be approved by the Mayor, conditioned up- 


Ciry or Duryam 


on the observance of the rules and regulations contained in 
these and subsequent ordinances, for faithful performance of 
duty in erecting any and all buildings which they may have con- 
tracted to erect or build and to indemnify the City of Durham 
against loss in any manner whatsoever for any unskillful or 
negligent work or conduct in the performance of the duties 
imposed by the ordinances of said city, or for any damage to 
sewer pipes of streets or sidewalks of said city, or for the 
use of defective or improper material used in said work, or for 
any damage which may accrue to any person, firm or corpora- 
tion by reason of any default of said contractor. This ordi- 
nance shall apply to owners of property erecting their own 
buildings by employment of laborers by the day. Except 
that outside the fire district where repairs do not exceed in 
value the sum of fifty dollars, and where no work is done 
on flue or chimney, and where no material is stored on or 
over a street, sidewalk or alleyway, said bond, permit and li- 
cense shall not be required. That license shall be issued from 
the first day of May of each year for a period of twelve 
months. 


SEc. 43. No person, persons, firms or corporations shall 
be permitted to do any business as contractors for the erec- 
tion of buildings of any kind in the City of Durham unless 
they are duly licensed as herein required, or unless in the 
employment or under the supervision of a licensed contrac- 
tor. Should any property owner refuse to pay for the class 
of work and materials required by the rules and ordinances 
of the City of Durham, the contractors will decline to work 
and report the same to the Building Inspector, and the con- 
tractor who takes a contract without the necessary changes 
will forfeit his license and be subject to the punishment pre- 
scribed for plumbers. 


Sec. 44. That for all violations of the provisions of this 
chapter, not provided for elsewhere in these ordinances, the 
person, persons, firms or corporations so violating shall, upon 
conviction, be fined five dollars for each offense, and if the 
violation be a continuing one, each day that it continues after 
the conviction thereof shall be deemed a separate offense and 
shall be punished as above prescribed. 


8 


BY 


Contractors us- 
ing defective ma- 
terial forfeit 
license. 


Penalties. 


118 


City seal. 


Clerk keeps seal. 


Deeds, how exe- 
cuted. 


Money paid out 
only on order of 
the Board. 


Face of war- 
fants to show 


nature of claims. 


Clerk to keep 
duplicate. 


Debts paid only 
when this sec- 


tion is observed. 


Costs to follow 
judgment. 


OrDINANCES OF THE 


CHAPTER XX 


MISCELLANEOUS PROVISIONS 


Section l. Be is ordained by the Board of Aldermen of 
the City of Durham, that the Seal of the City of Durham shall 
be as follows: A circle one and five-eighths inches in diameter, 
with the device of two leaves of tobacco, tied with a bow 
through the center thereof. Above said device the words, 
“City of Durham,” and below “North Carolina” shall be in- 
scribed. 

Sec. 2. That it shall be the duty of the Clerk of the 
Board of Aldermen to keep in some secure place the Seal of 
the City of Durham, and affix said Seal to whatever papers the 
Board of Aldermen shall direct. 


Src. 3. Whenever it shall be necessary for the City of 
Durham to execute a deed to real estate or contract, or agree- 
ment of any other kind to any person, persons, company or cor- 
poration, it shall be sufficient execution of the same that the 
said deed, contract or agreement be signed by the Mayor of 
the city and the Clerk of the Board of Aldermen, and the seal 
of the city thereto affixed. 


sec. 4. No money shall be paid out of the city treasury 
unless by order of the Board of Aldermen in meeting assem- 
bled, and then only upon warrant signed by the Clerk of the 
Board: Provided, That in cases of emergency the Clerk of 
the Board may issue a warrant for money in an amount not to 
exceed ten dollars upon order of the Finance Committee. 


Sec. 5. All warrants shall state upon their face the nature 
of the claims for which said warrants are drawn. 


Sec. 6. The Clerk shall retain in a book kept for that 
purpose, a stub duplicate of every such warrant issued. 


Sec. 7. No debt created by any city officer or employee 
shall be paid or recognized by the Board, unless the provisions 
of this chapter are complied with. 


Sec. 8. That in all cases of violation of these ordinances, 


the person found guilty shall, in addition to the fine, pay the 
costs of the warrant and of the officers, which costs shall in 


——_ s 


City or DurHam 


all cases be covered into the city treasury: Provided, That the 
Recorder may, in his discretion, remit the costs or suspend 
judgment on the payment of costs, or remit a part of the fine. 


Sec. 9. Whenever the Recorder shall adjudge that an 
offender be imprisoned, or shall impose a fine and costs upon 
such offender against any ordinance of the city, such offender 
shall stand committed to the guard-house until such fine and 
costs are paid : Provided, Such offender may be required to 
work on the streets, at usual price per day for labor on the 
streets, until he shall have discharged the fine and costs: Pro- 
vided, further, That female offenders convicted in the Recor- 
der’s court of offenses against the State laws or the ordinances 
oi the city, may be sentenced by the Recorder to imprisonment 
in the county jail for not more than thirty days. 


Sec. 10. The Recorder shall be entitled to the following 
fees in cases herein enumerated, whereof he may have juris- 
diction as Recorder : For any warrant issued by him for the re- 
covery of any penalty or for the arrest of any person for the 
violation of an ordinance or for other cause of action, twenty- 
five cents ; for every judgment thereon, one dollar, to be taxed 
among the costs; for every warrant issued by him as Recorder 
to apprehend an offender against the criminal laws of the 
State, under which he may be arrested and recognized to ap- 
pear before a court of record, one dollar, to be taxed on sub- 
mission or conviction of the offender, among other costs; for 
every warrant to arrest individuals who may have fled from 
other States or counties, two dollars, to be paid on the removal 
of the offender by such as convey him away. In all other cases 
than those above mentioned, the fees of thie Recorder shall be 
the same as are allowed to justices of the peace by the laws of 
North Carolina for like service. 


Sec. 11. The Turnkey of the City of Durham shall re- 
ceive a fee of thirty cents for each person taken into and a like 
fee of thirty cents for each person taken out of the City jail, 
said fee to be taxed and collected as other court costs, pro- 
vided the above fees shall not apply where persons are taken 
in and out of the City jail by order of the Recorder or Chief 
of Police of the City of Durham. 


119 


Judgment, how 
executed. 


Fees for Recorder. 


Repugnant ordi- 
nances repealed. 


ORDINANCES OF THE 


ENACTING THESE ORDINANCES 


Sec. 12. All ordinances heretofore in force in the City 
of Durham which are repugnant to, or inconsistent with, the- 
ordinances hereinbefore set out, are hereby repealed. But no 
offense committed and no penalties incurred under any ordi- 
nance hereby repealed, shall be affected by this repeal. 


ADDENDUM 


Be it ordained by the Board of Aldermen of the City oft 
Durham: 


Sec. 71. It shall be unlawful for any person, firm or cor- 
poration to build or construct any sidewalk or sidewalks in 
the City of Durham until a permit has been secured therefor 
from the City Engineer, and the said City Engineer shall fur- 
nish a copy of specifications governing the same and the said 
work shall, in all respects comply with said specifications. 

Any person, firm or corporation, violating the provisions of 
this ordinance shall be guilty of a misdemeanor, and upon 
conviction, shall be fined the sum of five dollars. 


CHARTER 


OF THE 


CITY OF DURHAM 


The General Assembly of North Carolina do enact: 


Section 1. That the inhabitants of the City of Durham 
shall be, and continue as they have been, a body politic and 
corporate, and henchforth the corporation shall bear the name 
and style of “The City of Durham,” and under such name and 
style is hereby invested with all the property and rights of pro- 
perty which now belong to the corporation, and by this name 
may acquire and hold for the purpose of its government, wel- 
fare, and improvement, all such estate as may be devised, be- 
queathed, conveyed to, or otherwise acquired by it, and the 
same may, from time to time, sell, dispose of and invest as 
shall be deemed advisable by the proper authorities of the 
corporation. 


Sec. 2. The corporate limits of the City of Durham shall 
be as follows, to-wit: The boundary lines of said City of 
Durham shall be in the shape of a parallelogram four thousand 
(4,000) yards long and three thousand (3,000) yards wide, 
the northern and southern boundary lines being of the length 
of four thousand (4,000) yards each, and running parallel 
with the center line of Main street between Mangum street 
and Dillard street, and the eastern and western boundary lines 
being of the length of three thousand (3,000) yards each, and 
running at right angles with the northern and southern boun- 
dary lines; the distance from a stone eight (8) inches square 


Incorporation. 


Property rights. 


1903. 


Corporate limits. 


1901. 


Electors. 


Proviso. 


1901. 


Who eligible to 
office. 


Division of city 
into wards. 


Boundaries to be 
advertised. 


CHARTER OF THE 


set up at the point where a straight line running along the mid- 
dle of Mangum street intersects a straight line running 
along the middle of Main street in the present City of Durham 
shall be as near as may be the geopraphical center of the city 
limits, that is to say, the city boundaries herein prescribed shall 
be so laid off that the distance from the aforesaid stone at the 
intersection of said Mangum street and Main street shall be 
two thousand (2,000) yards by a straight line to the nearest 
point on the eastern boundary line of said parallelogram, and 
the distance from said stone shall be two thousand (2,000) 
yards by a straight line to the nearest point on the western 
boundary line of said parallelogram. And the distance from 
said stone shall be seventeen hundred and sixty (1,760) yards 
by a straight line to the nearest point on the northern boundary 
line, and the distance from said stone shall be twelve hun- 
dred and forty (1,240) yards by a straight line to the nearest 
point on the southern boundary line of said City of Durham. 


Sec. 3. That no person shall be entitled to vote at any 
election held in the City of Durham, unless he shall be a quali- 
fied elector under the laws and constitution of the State of 
North Carolina and shall have resided next preceding the day 
of election ninety days within the corporation: Provided, how- 
ever, That any person who shall have resided for ninety days 
next preceding the first Monday in May, 1901, within the limits 
fixed by an act entitled “An act to amend the Charter of Dur- 
ham,” and ratified on the first day of March, 1901, shall 
be entitled to vote at any election that may-be held in the City 
of Durham for any purpose on the first Monday in May, 
one thousand nine hundred and one, or at any date thereafter 
if such person be otherwise qualified under the laws and con- 
stitution of the State of North Carolina. 


Sec. 4. That no person shall be eligible as Mayor or Al- 
derman, or other officer, unless he shall be a qualified voter as 
prescribed in Section 3 of this Charter. 


SEc. 5. That the Board of Aldermen of said city are em- 
powered and directed, within thirty days after the passage 
of this act, to divide the said City of Durham into four wards 
and fix the boundaries thereof, and said Board of Aldermen 
are hereby instructed to advertise the said boundaries for 


Crry or Duryuam 


thirty days at the courthouse door and in two newspapers 
published in Durham, North Carolina; that for the purpose of 
elections the City of Durham shall be divided in such precincts 
as the Board of Aldermen may direct: Provided, The said 
Board of Aldermen shall make the voting places and the 
boundaries of the said precincts conform, as nearly as may 
be practicable, to those designated and prescribed by the gen- 
eral law for election of State and county officers. 


Sec. 6. That a registration shall be had of the voters of 
the city for each precinct, an dthat a copy of the registration 
shall be furnished the poll holders, and no person shall be 
allowed to vote unless his name shall be found thereon. , 


Sec. 6-A. That the Board of Aldermen shall provide for 
an entire new registration of voters, prior to the election of 
officers to be held on the first Monday of May, in the year oxic 
thousand nine hundred and one. 


Sec. 7. That the Board of Aldermen, or upon their fail- 
ure to act, the Mayor, shall appoint a suitable person for each 
precinct to act as Registrar within his precinct of the corpora- 
tion of said city, and the registration shall close on the second 
Saturday before the day of election. 


Sec. 8. The Registrars shall attend the voting place of 
their respective precincts, between the hours of nine o’clock a. 
m. and four o’clock p. m., for four consecutive Saturdays, be- 
ginning on the fifth Saturday next preceding the day of election 
and keep open said registration books for the registration of 
such electors residing in said precinct as may be lawfully en- 
titled to register and vote therein, who have not before been 
admitted to registration in said precinct, or whose names do 
not appear in the list of registered voters therein. ‘Lhe Regis- 
trars, before admitting any one to register as a duly qualified 
voter, shall require the elector to take the following oath: “1, 
Pee Eig) ce sje’ , do solemnly swear (or affirm) that I will 
support and maintain the constitution and laws of the United 
States and the constitution and laws of North Carolina, not in- 
consistent therewith; and that I have been a resident of North 
Carolina for twelve months, and of the City of Durham for 
ninety days next preceding this date; that I am a duly qualified 


123 


1901. 


Division of city 
into precincts, 
Proviso. 


Registration. 


New registration. 
1901. 


Appointment of 
Registrars. 


Days and hours 
of registration. 


Oath of Election. ° 


Elector becoming 
21 after the 
close of books 
allowed to regis- 
ter. 


Registration 
books deposited 
in Mayor’s office. 


Challenge of 
voters. 


Time of regular 
elections, 


1903. 


Appointment of 
Inspectors. 


CHARTER OF THE P 


elector, and that I have not registered for this election in any 
other precinct, and that I am a bona fide resident of precinct 
Dever Wate Get cee , in the City of Durham. So help me, God.” 
And upon taking said oath, the Registrar shall enter the name, 
age, residence and day of registration of said elector, upon the 
registration books of the precinct as a duly qualified voter 
therein: Provided, however, If on the day of election, or be- 
tween the closing of the registration books and the day of 
election, any one shall become twenty-one years of age, or oth- 
erwise qualified to vote, by reason of residence, he shall be 
allowed to register and vote on that day. 


Sec. 9. That on the first Monday after the close of the 
registration books, at or before ten o’clock a. m., they shall 
be deposited in the office of the Mayor of the city and be open- 
ed for the inspection of the citizens. 


Sec. 10. It shall be lawful to challenge*the right of any 
person to vote, either on the day of election when he offers 
to vote, or on the day of registration when he offers to register; — 
and if it shall appear to the judges of election, or a majority 
thereof, or to the registering officer, that such person is dis- 
qualified to vote under the constitution and laws of the State, 
he shall be excluded from registration, or, if he has been regis- 
tered, from voting. 


Sec. 11. That there shall, on the first Monday in May, 
one thousand eight hundred and ninety-nine, and on the first 
Tuesday after the first Monday in May biennially thereafter, 
be elected a Mayor and eight Aldermen for said city, who 
shall hold their offices until their successors are qualified, said 
officers to be elected by the qualified voters of the whole city. 


Sec. 12. That for the purpose of electing said officers, the 
Aldermen shall, at least twenty days before the election, ap- 
point two inspectors for each precinct, who shall be qualified 
voters residing in the precinct, and the inspectors shall give 
ten days’ notice thereof by public advertisement, and the in- 
spectors, before they proceed to act, shall be sworn by the 
Mayor or a justice of the peace, to conduct the election fairly 
and impartially, and according to law, and in case of the ab- 
sence of any inspector, his place shall forthwith be supplied by 
the Mayor. 


City or DurHuam 


Sec. 13. That on the day of election the inspectors shall 
give due attendance at the time and place; shall be judges of 
the polls; receive the votes and conduct the election in like 
manner, and during the same hours of the day, as election for 
members of the General Assembly. 


Sec. 14. That the Mayor shall be voted for in one box, 
on one ballot, written or printed, and the Aldermen in another 
box, on one ballot, written or printed. 


Sec. 15. That at the close of the election the inspectors 
shall proceed to count the ballot and shall meet at the Mayor’s 
office at twelve o’clock m. of the next succeeding day, to can- 
vass the election and declare the result thereof; and such per- 
son voted for as Mayor having received the highest number of 
votes shall be declared duly elected Mayor for the ensuing term 
of two years, and of those persons voted for as Aldermen, the 
eight receiving the highest number of votes shall be declared 
duly elected Aldermen of the city for the ensuing term of two 
years, and such Mayor and Aldermen shall be notified of their 
said election, by the inspectors, on the day succeeding their 
election. 


Sec. 16. That if among the persons voted for as Mayor 
there shall be an equal number of votes between any two or 
more having the largest number, the Aldermen elect shall pro- 
ceed within five days after their qualification to select a Mayor 
of such persons, and if among the persons voted for as Alder- 
men there shall be a like tie, the remaining Aldermen within 
five days after their qualification shall select of such the person 
or persons to be Aldermen. 


Sec. 17. That the inspectors for each precinct shall certify 
and subscribe two poll lists, and return one of them to the 
Clerk of the Board of Aldermen, who shall keep it among the 
archives of the city, and the other to the Register of Deeds 
of the county. 


Sec. 18. That the Mayor, immediately after his election 
and before entering upon the duties of his office, shall take 
the following oath: “I (A. B.) do hereby solemnly swear that 
I will diligently endeavor to perform faithfully and truly, ac- 
cording to my best skill, judgment and ability, all of the duties 


125 


Duties of inspec- 
tors on election 
days. 


Ballot boxes. 


Count of ballots 
and canvass of 
election returns. 


1903. 


In case of tie 
vote, how 
Mayor and Al- 
dermen are 
chosen. 


Poll lists. 


Oath of Mayor. 


Oath of Alder- 
men. 


Term of office. 


Vacancies, how 
filled. 


1903. 


1901. 


Penalty for re- 
fusal to serve. 


Penalty for wil- 


ful failure to 
call election. 


City loses no 
corporate rights 
by failure to 
elect officers. 
1903. 


CHARTER OF THE 


of the office of the Mayor of the City of Durham while I con- 
tinue therein, and will cause to be excuted, as far as in my 
power lies, all the laws, ordinances and regulations made for 
the government of the city, and in the discharge of my duties 
I will do equal justice in all cases whatsoever.” 


Src. 19. That each Alderman before entering on the duties 
of the office, shall take before the Mayor or some justice of the 
peace, an oath, that he will truly and impartially perform the 
duties of Aldermen for the city, according to the best of his 
skill, ability and judgment. 


Src. 20. That the Mayor and Aldermen shall hold their 
offices, respectively, until the next succeeding election, and until 
their respective successors are qualified. 


Sec. 21. That if any person chosen Mayor shall refuse 
to be qualified, or there is a vacancy in the office after election 
and qualification, the Aldermen shall choose some qualified 
person Mayor for the term, or for the unexpired portion of 
the term, as the case may be; and on like occasion and in like 
manner the Aldermen shall choose other Aldermen to supply 
the place of such as shall refuse to act, and fill all vacancies 
which may occur, and such persons only shall be chosen as are 
hereafter declared to be eligible, and reside in the ward from 


-which the Aldermen whose place is to be filled, was elected. 


Sec. 21A. That not more than two Aldermen shall be 
residents of the same ward. 


Sec. 22. That any person elected Mayor or Alderman who 
shall refuse to be qualified and act as such, shall forfeit and 
pay, for the equal use of the city and of him who sues there- 
for, twenty-five dollars. 


Sec. 23. That if the Aldermen shall wilfully fail to give 
the notice of election or to hold and declare the same in the 
manner herein prescribed, such of them as shall be in default 
shall forfeit and pay, for the equal use of the city and for him 
who shall sue therefor, twenty-five dollars. 


Sec. 24. That the city shall not lose any of its corporate 
rights and privileges by failure to elect officers on the day in 
any year, when an election ought regularly to be held. 


ea Bi Nt 


City or DurHam 


SEc. 25. That is case of failure to elect municipal officers 
on any said day in May of any year when an election ought 
regularly to be held, the electors residing within the corporate 
limits may, after ten days’ notice, signed by seven of said elec- 
tors, and posted at three places within the corporate limits 
and published in some newspaper printed in the city, proceed to 
appoint registrars and inspectors in like manner as the Board 


of Aldermen or Mayor are herein authorized to do, and such 


registrars and inspectors shall hold an election for municipal 
officers, in the way and manner herein provided for registrars 
and inspectors, appointed by the Board of Aldermen or Mayor. 


Sec. 26. That the Mayor of the City of Durham, while 
acting as such, is hereby constituted a special court, with all the 
authority, jurisdiction and powers in criminal offenses occur- 
ring in the corporate limts of said city, or within one-half mile 
thereof, that are now or hereafter may be given by law, to 
justices of the peace, and shall also have exclusive original 
jurisdiction to hear and determine all misdemeanors consisting 
of a violation of the ordinances of said city, and all causes of 
action within the jurisdiction of a justice of the peace involv- 
ing penalties imposed by this Charter, or ordinances enacted 
thereunder. The proceedings in said court shall be the same as 
are now or may hereafter be prescribed for courts of justices 
of the peace, and in all cases there shall be a right of appeal to 
the Superior Court of Durham County, and in all cases where 
the defendant shall be adjudged by the said Mayor to: be im- 
prisoned or to pay fines or penalties according to law or the or- 
dinances of the city, and the person or persons against whom 
the same is adjudged refuses or is unable to perform such judg- 
ment, it shall be lawful for the Mayor to sentence the defen- 
dant or such persons to imprisonment in the jail of Durham 
County, for a term not exceeding thirty days, and to ad- 
judge also, that the defendant, or any such person, work, 
during the period of his confinement, on the public streets or 
other public works of said city or until, at a fair rate of 
wages, such person or persons shall have worked out the full 
amount of such fines and penalties ‘and cost of prosecution. 

The said special court shall have power, jurisdiction and au- 
thority of a justice of the peace, to hear and determine all 


127 


How election 
called when AI- 
dermen fail to 
do so. 


Mayor consti- 
tuted a special 
court. 


His jurisdiction, 


Proceeding in 
Mayor’s court. 


Mayor’s precepts, 
to whom issued. 


Minute of pro- 
ceedings before 
Mayor. 


Mayor’s office, 
duties, and fees. 


1903. 


May remove 
from office sub- 
ordinate officers. 


Mayor preside at 
meetings 0 


Board. 


CHARTER OF THE 


causes of action to recover fines and penalties for a violation 
of the ordinances of the City of Durham. 


Sec. 27. That the Mayor may issue his precepts to the 
policemen of the city, and to such other officers te whom a 
justice of the peace may direct his precepts, and such police- 
men or other officers are authorized to execute such precepts 
or process throughout the County of Durham. 


Sec. 28. That the Mayor shall keep a faithful minute of 
the precepts issued by him and of all his judicial proceedings. 
The judgments rendered by him shall have all the force, virtue 
and validity of judgments rendered by a justice of the peace, 
and may be executed and enforced against the parties, in the 
County of Durham and elsewhere, in the same manner and by 
the same means as if the same had been rendered by a justice 
of the peace for the County of Durham. 


Src. 29. That the Mayor shall keep his office at such place 
in some convenient part of the city as the Board of Aldermen 
may designate. He shall perform such duties as from time to 
time shall be prescribed, and he shall receive such compensa- 
tion and fees as may be allowed by law or the ordinances of 
the corporation. .He shall exercise a constant supervision over 
the conduct of all the subordinate officers, have power and au- 
thority to investigate their acts, have access to all books and 
documents in their offices, and may examine said officers and 
their subordinates on oath. He shall also have power to sus- 
pend or remove such officers for misconduct in office or neg- 
lect of duty, to be specified in the order of suspension or re- 
moval; but no such removal shall be made without reasonable 
notice to the officer complained of, and an oportunity afforded 
him to be heard in his defense. On the removal or suspension 
of such officer or officers, the Mayor shall report the same, with 
his reasons therefor, to the Board of Aldermen at their next 
regular meeting, who shall then have power to review his de- 
cison, if requested in writing to do so by the officer or officers 
affected thereby. 


Src. 30. That the Mayor, when present, shall preside at 
all meetings of the Board of Aldermen; and when there is an 
equal division upon any question, or in the election of the 


Crry or DurHAam 


officers by the Board, he shall determine the matter by his 
vote. He shall vote in no other case. The Board of Aldermen 
shall, at their first meeting, designate one of their own mem- 
bers, to exercise the duties of the Mayor, as prescribed in the 
Charter, when the Mayor shall be absent, on account of sick- 
ness or other causes; the said Mayor pro tempore is hereby in- 
vested with all the powers and authority conferred upon the 
Mayor by this Charter, to try and determine actions. 


Sec. 31. That the Aldermen shall form one Board, and a 
majority of them shall be competent to perform all the duties 
for the Aldermen, unless otherwise provided ; within five days 
after their election they shall convene for the transaction 
of business, and shall then fix stated days of meeting for the 
year, which shall be as often at least as once in every calendar 
month. Special meetings of the Aldermen may also be held on 
the call of the Mayor or a majority of the Aldermen, and of 
every such meeting, when called by the Mayor, all of the Al- 
dermen, and when called by a majority of the Aldermen, such 
as shall not join in the call, shall be notified in writing. 


Sec. 32. That the Board of Aldermen shall have power to 
vote each member of the Board a sum not exceeding one 
hundred dollars per annum as a compensation for his services ; 
and if any member shall fail to attend any general meeting of 
the Board of Aldermen, or any special meeting of which he 
shall have notice, as aforesaid, unless prevented by such cause 
as shall be satisfactory to the Board, he shall forfeit and pay 
for the use of the city the sum of five dollars. 


Sec. 32-A. That the Board of Aldermen of said City of 
Durham, by the vote of three-fourths of its members in mee‘- 
ing assembled, shall have power to remove from office the 
Mayor or any Alderman of said City, for malfeasance, mis- 
feasance, corruption, neglect of duty or other misconduct in 
office, but the person to be proceeded against shall have at least 
ten days’ notice in writing of the motion to remove him, accom- 
panied by a copy of the charges alleged as the ground of his 
proposed removal, and shall have the right to be heard in per- 
son or by counsel in his defense; and in case of the removal 
of the Mayor or any Alderman under the provisions of this 


129. 


Votes when. 


Mayor pro tem. 


Aldermen. 


Majority compe- 
tent to do busi- 
ness. 


Regular and spec- 
ial meetings. 


Compensation of 
Aldermen. 


Removal of May- 


_or or Alderman 


from _ office. 


1903, 


Appointment of 
successor. 


130 
Power to make 
rules, ordinances, 


etc. 


Power of the 
Board. 


Water supply, 
charges and 
rates. 


Lighting, charges 
and rates. 


Streets. 


1903. 


Sewers and sew- 
erage. 


CHARTER OF THE 


section the vacancy shall be filled by the Board of Aldermen or 
the remaining members thereof. ; 


Sec. 33. The Board of Aldermen, when convened, shall 
have power to make such ordinances, rules and regulations for 
the proper government of the city as they may deem necessary, 
and provide for the proper enforcement and execution thereof, 
in such manner as they may think best. 


Sec. 34. Among the powers hereby conferred upon the 
Aldermen are the following: 

To provide a sufficient water supply, fix charges and rates 
therefor, and provide all necessary rules and regulations for 
the government and conduct of the business of such persons 
and corporations as are engaged in furnishing water for the use 
of the said City of Durham and the inhabitants thereof; to 
provide lights, fix charges and rates therefor, and prescribe all 
necessary rules and regulations for the government and con- 
duct of the business of such persons or corporations as are 
engaged in furnishing lights for the use of the said city and the 
inhabitants thereof. 

To open, grade, build, curb and pave new streets; to re- 
pair, widen, ascertain location of, change, keep clean, alter 
and vary the established streets or grades of streets, alleys and 
sidewalks in said city; to improve, repair, grade, curb or pave 
the sidewalks or pavements now established, or that may here- 
after be established in the said city, or cause the same fo be 
improved, repaired, graded, curbed or paved, and to recover 
from the owner or occupants of lots (fronting or adjoining the 
pavements in which curbing or pavement shall be made) one- 
half of the expense of the work, which expense shall be a lien 
on the said lot or lots Provided, always, That the owner of such 
lot shall have ten days’ notice, in writing, of the order of the 
Board, and if, for any reason, personal notice cannot be given, 
the same shall be published for ten days in the newspapers of 
the City of Durham. 

To construct or to contract for the construction of a system 
of sewerage for the city, and protect and regulate the same, 
by adequate ordinances ; and if it shall be necessary, in obtain- 
ing proper outlets for such a system, to extend the same be- 
yond the corporate limits of the city, then in such case the 


Criry or Duryuam 


Board of Aldermen shall have power to extend it, and, both 
within and without the corporate limits, to condemn property 
for the purpose of right-of-way, or other requirements of the 
system, the proceedings of such condemnation to be the same 
as those prescribed hereinafter for condemning private property 
for streets, or as near as may be, in the manner prescribed in 
Chapter XLIX, Volume 1, of the Code of eighteen hundred 
and_eighty-three. 

To purchase, establish and regulate public grounds, includ- 
ing one or more parks, have charge of, improve, adorn and 
maintain the same,/and protect the shade trees of the city. 

That the Board of Aldermen of the City of Durham are 
hereby authorized to purchase one or more tracts of land for 
the purpose of establishing one or more public squares in the 
City of Durham and of one or more public parks near the 
City of Durham: Provided, That all the same shall not exceed 
six hundred acres nor any tract be situated further than six 
miles from the city of Durham; if the owners thereof and the 
said Board of Aldermen shall not be able to agree upon a price 


for said land, said Board shall have the right to condemn the 


same in the same manner as is provided in Section 61, Chapter 
235, of the Private Laws of 1899, for condemnation of land 


for streets ; in case of such condemnation the title to such tract. 


or tracts of land shall be in the City of Durham in fee-simple. 

And in order to carry out, execute and enforce the powers 
hereinbefore given in this section, to borrow money, pledge the 
faith of the City of Durham, or loan its credit and levy and 
collect the taxes necessary to pay off and discharge any such 
debt, principal and interest, with the consent of the majority 
of the qualified voters of the city, which consent shall be obtain- 
ed at an election, held after thirty days’ public notice, whereat 
those who shall consent shall vote “Approved,” and those who 
shall not consent shall vote “Disapproved but they shall not 
borrow any sum of money when the existing aggregate indebt- 
ednes of said city equals in amount one-tenth of the aggregate 
tax value of the property of said city, as shown by its tax books 
of the preceding year, or exceeds the same, nor any sum 
which, when added to the aggregate indebtedness of the city 
then already existing, would render the full amount of the 


_, indebtedness of the city larger than one-tenth of the aggregate 


ee es 


131 


Public grounds 
and parks, 


Public squares 
and parks. 


Number of acres 
and situation. 


Right to con- 
demn land. 
Procedure. 
Title. 

1901. 

To borrow 


money with con- 
sent of voters. 


Markets. 


Cellars. 


Speed of trains. 


Use of firearms, 
fireworks, explo- 


ives, etc. 


Protection at 
crossings. 


Prevent fires. 


Fire districts. 


Sell property. 


Proviso. 


1903. 


CHARTER OF THE 


tax value of the property of the said city, as shown by its tax 


books for the preceding year; and in any public notice of a 
proposition to borrow money so submitted to the votes of the 
qualified voters of the said city, as above provided, shall be in- 
cluded a statement of the then existing aggregate indebtedness 
of said city, other than that hereinafter provided for, and of 
the aggregate tax value of the property of said city, as shown 
by the tax books for the preceding year, and of the purposes 
for which such money is to be borrowed. 

To establish and regulate a market or markets in the said 
city, and erect or lease and use a suitable market house, or 
market houses therefor. 


To prevent cellars being opened or made under the side- 
walks or streets of the city, the deposit of trash boxes or other 
rubbish or obstruction upon the sidewalks or streets. 

To regulate the speed of locomotives and trains, and to reg- 
ulate and prevent fast driving within the city, and also the 
firing of firearms, fireworks and all explosives or combustibles 


or dangerous material in the streets, public grounds or else- 


where within or near the city. 


To provide for the better protection of life, limb, person 
and property at the crossing of the streets of said City and the 
railroad tracks now located, or which may be hereafter located, 
in the city; to require the railroad companies operating said 
tracks to erect gates or place flagmen to warn the public of the 
approach of trains and engines. 


To provide proper and effectual means and regulations to 
prevent and extinguish fires in said city, and for such purpose 
to direct the destruction of building, for which neither the city, 
the Aldermen or other person shall be responsible in damages. 
To divide the city into fire districts and prescribe the kind of 
buildings that may be erected therein. 

To sell or cause to be sold publicly or privately any property 
real or personal, belonging to the city, and all of its right, title 
and interest in and to all land used for street or other public 
purposes: Provided, That this shall not confer any right upon 
the city to dispose of any land owned by or in possession of 
any railroad as its right of way, and direct the Mayor, when 
necessary, to make proper conveyance therefor. 


Crty or Duryuam 


To make suitable regulations for the observance of Sunday 
in said city, and to provide for the enforcement of same. : 

To appoint and regulate city watches. 

To prevent, suppress and remove nuisances in said city. 

To regulate the manner in which dogs may be kept in said 
city. 

To make such provisions as they may deem necessary to 
preserve the health of said city, and to take all necessary 
measures to preserve said city from contagious or infectious 
diseases, and to declare and enforce quarantine and quarantine 
regulations therein, wih all the rights of entry upon the pro- 
perty and other rights of every character necessary therefor. 
To establish, regulate and maintain hospitals within the city or 
five miles thereof. ‘To cause any person in the city or within 
two miles of its corporate limits suspected to be infected with 
contagious or infectious diseases, whose presence may en- 
danger its health, to be removed or confined. ‘To remove or 
destroy any furniture or other articles which may be suspected 
of being tainted or infected with such disease, and neither the 
city or any officer or person directing or causing such removal 
or destruction shall be responsible therefor in damages. 

To establish and maintain one or more public cemeteries of 
such size as they may deem necessary within or without the 
corporate limits of said city, and provide for the care and 
maintenance of the same and the proper regulation, control and 
protection thereof. 

To appoint policemen and other officers to execute such pre- 
cepts as the Mayor and other persons may lawfully issue to 
them, to preserve order and execute the ordinances of the city, 
and to appoint and provide for the pay of, and prescribe the 
duties of, all such officers as may be deemed necessary. 

To make provisions and take all proper measures to pre- 
serve the peace and order of the city, and to execute all laws 
and ordinances thereof. 

To determine, when necessary, the boundaries of the streets, 
lots and alleys of the said city, and to establish new streets, 
lanes and alleys therein, and to make and keep for public in- 
spection and cause to be made and kept, accurate records of said 
streets, lots, lanes, and alleys and their boundaries. 


9 


133 


Sunday obsery- 
ance. 


City watches. 
Nuisances. 


Dogs. 


Preserve health 
and prevent con- 
tagion. 


Destroy furni- 
ture. 


Cemeteries. , 


Appoint officers. 


Preserve order. 


Boundaries of 
streets, lots, ‘etc; 


134 


Plots for propos- 
ed streets approv- - 


ed by Aldermen. 


License auction- 
eers. 


Theatres, etc. 


Inspections. 


Bar-rooms. 


Levy and collec- 
tion of taxes. 


Collect fines. 


Regulate charges 
for carriage of 
persons and 
freight. 


To protect 
men. 


Carry into effect 
ordinances. 


hack- 


CHARTER OF THE 

No individual, corporation, association or partnership shall 
open or lay out any new street or streets, or sell lots abutting 
on the same without first having had a plot of said proposed 
street or streets made and submitted to the Board of Alder- 
men of said city and approved and accepted by said Board. 
The said Board of Aldermen may pass all necessary ordinances 
to regulate and control the opening of streets and alleys in 
said city. 

To make provisions for licensing and regulating auctioneers 
and auctions in said city, and provide for the enforcement of 
same. 

To provide for licensing, regulating and restraining theatri- 
cal and other public amusements within the city, and all bills, 
posters and advertisements, and to enforce all such provisions. 

To establish and regulate all necessary inspections within 
said city, whether of buildings or otherwise, and order and com- 
pel the removal of dangerous or defective buildings. 

To license, regulate and restrain bar-rooms and other places 
where spirituous liquors are sold within the city. 

To lay and provide for the collection of all taxes author- 
ized by law to be laid, levied or collected by said city, and 
enforce the collection of the same. 

To impose, collect and apropriate fines, penalties and for- 
feitures for a breach of the ordinances and regulations of the 
city. 

To prescribe and regulate the charges for the carriage of 
person, baggage and freight by omnibus, street car, wagons, 
drays or other vehicles in the city, and to issue licenses for om- 
nibuses, hacks, drays and other vehicles used therein for the 
transportation for hire, of persons or things. 

To protect the hackmen, carriage drivers, keepers of restau- 
rants, boarding houses and hotels from being cheated, defraud- 
ed or deprived of just compensation for services rendered, or 
accommodation furnished, and if necessary for such purposes 
to make and enact ordinances prescribing fines and penalties. 

To pass all laws, ordinances and regulations necessary or 
proper to carry into effect the intent and meaning of this act: 
Provided, They are not incompatible with the constitution or 
laws of this State. 


City or DurHam 


Sec. 35. That the Board of Aldermen shall, at their first = 


meeting after election, appoint a Clerk, a Treasurer and a Col- 
lector of Taxes ; each of said officers shall respectively hold his 
office during the official term of the Aldermen and until his 
successor is qualified, subject to be removed, however, and 
another appointed in his stead, for misbehavior or neglect of 
the duties of his office ; and at such time and meeting the Alder- 
man shall elect a Chief of the Fire Department, a Chief of 
Police, and one or more Policemen or Constables, and such 
other officers and employees as the Board of Aldermen may 
determine, and prescribe their duties and fix their compensa- 
tion, who shall hold office during good behavior and until re- 
moved by causes satisfactory to the Board of Aldermen. Before 
acting, each of said officers shall be sworn to the faithful dis- 
charge of his duties, and shall execute a bond, with justified 
securities, payable to the City of Durham, in such sum as the 
Aldermen shall determine, conditioned for the faithful perfor- 
mance of the duties of said office. 


SeEc. 36. That the Clerk shall have a reasonable salary, and 
it shall be his duty to keep regular and fair minutes of the pro- 
ceedings of the Board, and to preserve all books, papers and 
articles committed to his care, during his continuance in office, 
and deliver the same to his successor and to perform such other 
duties as may be prescribed by the Aldermen. 


Sec. 37. That any person shall be allowed to inspect the 
journals and papers of the Board in the presence of the Clerk 
urider a penalty of two dollars on the Clerk for every refusal, 
to be paid to him who shall sue for the same. 


‘Sec. 38. That the Treasurer shall have a reasonable salary, 
and it shall be his duty to call on all persons who may have in 
their hands any money or securities belonging to the city, 
which ought to be paid or delivered into the treasury, and to 
safely keep the same for the use of the city; to disburse funds 
according to such orders as may be duly drawn on him, in the 
manner hereinafter specified ; he shall keep in a book, provided 
for that purpose, a fair and accurate account of all moneys re- 
ceived and disbursed by him, and shall submit said account to 
the Aldermen whenever required to do so. On the expiration 
of his term of office, he shall deliver to his successor all the 


135 


Election of 
lerk and other 
officers. 


1907. 


Salary of Clerk. 


Persons allowed 
to inspect jour- 
nals and papers. 


Treasurer’s sal- 
ary. 


Orders, how 
signed. 


Duties of Police- 


men, 


Powers of Police- 


men, 


Duties of Tax 
Collector. 


Powers of Tax 
Collector and 
compensation, 


CHARTER OF THE 


moneys, securities and properties entrusted to him for safe 
keeping, or otherwise, and during his continuance therein, he 
shall faithfully perform all the duties lawfully imposed upon 
him as City Treasurer. 


Sec. 39. That all orders drawn on the Treasurer shall be 
signed by such persons as shall be designated by the Aldermen, 
and state the purpose for which the money is applied, and the 
Treasurer shall specify said purposes in his accounts, and 
also the sources from whence are derived the moneys received 
by him. 


Sec. 40. That it shall be the duty of the Policemen to see 
that the laws, ordinances and orders of the Aldermen are en- 
forced, and to report all breaches thereof to the Mayor; to pre- 
serve the peace of the city by suppressing disturbances and ap- 
prehending offenders, and for that purpose they shall have all 
the power and authority vested in sheriff and county consta- 
bles ; they shall execute all precepts lawfully directed to them. 
by Mayor or others, and in the execution thereof shall have the 
same powers which the sheriffs and constable of the county 
have, and they shall have such fees on all processes and pre- 
cepts executed or returned by them as may be allowed by the 
Board of Aldermen, not to exceed fees allowed the sheriff and 
constables of the county, for like services, and also such other 
compensation as the Aldermen may allow. 


Sec. 41. That the Policemen shall have the same powers, 
and be bound by the same rules in this respect, as the consta- 
bles of the County of Durham, to apprehend all offenders 
against the State, within the limits of the city, and to carry 
them before the Mayor or some justice of the peace, and for 
such duty they shall have such fees as may be allowed by the 
Board of Aldermen, not to exceed fees allowed to constables 
of the county for like duties, to be paid by the party offending, 
if found guilty. 


Sec. 42. That it shall be the duty of the Tax Collector to 
collect the general taxes provided for in this Charter, and such 
special taxes as the collection of is not otherwise provided for 
herein. For such purpose, he is hereby vested with the same 
power and authority and subjected to the same fines and penal- 


Ciry or DurHam 


ties as the sheriff or tax colector of Durham County is, or may 
be by law, and for his service he shall receive such compensa- 
tion as the Aldermen may fix, not to exceed two (2) per cen- 
tum of the taxes collected. He shall, at no time, retain in his 
hands over three hundred dollars, for a longer time than seven 
days, under a penalty of ten per centum per month, to the city, 
upon all sums so retained. Before receiving the tax list from 
the Clerk, as is provided in this Charter, the Tax Collector 
shall give bond, payable to the City of Durham, with justified 
sureties, in such amount as the Aldermen may determine: Pro- 
vided, It shall not be less than ten thousand dollars, nor more 
than double the amount of taxes for the preceding year. 


Sec 43. All tax lists which have been or which may here- 
after be placed in the hands of the Tax Collector, shall be at all 
times subject to the control of the authorities imposing the tax, 
or their successors in office, shall be exhibted to the authorities 
for inspection and correction, and if the Tax Collector fails, 
or refuses to exhibit his list for such purpose upon such de- 
mand, he shall be deemed guilty of a misdemeanor, and upon 
conviction shall be imprisoned not more than two years, and 
fined not exceeding five hundred dollars, at the discretion of 
the court. 


Sec. 44. The Board of Aldermen, at or before the first 
meeting in March of each year, shall appoint two or more 
of their number to be present and assist at the accounting and 
settlement between the Tax Collector and the Treasurer of the 
taxes for the preceding year. In such settlement he shall be 
charged with the sums appearing by the tax lists as due for city 
taxes, and all special taxes with which he is chargeable, and he 
shall be allowed all credits authorized by the Board of Alder- 
men. The accounts when so audited shall be reported to the 
Board of Aldermen, and when approved by them shall be re- 
corded in the minute book of said Board, and shall be prima 
facie evidence of their correctness, and impeachable only for 
fraud or specified error. 


Sec. 45., In case the Tax Collector of the City of Durham 
shall fail, neglect or refuse to account with the City Treasurer 
and Assistant Committee, as herein required, or pay what may 
be rightfully found due .on such account, on or before the 


Tax lists subject 
to control of Al- 
dermen. 


Settlement with 
Tax Collector. 


Penalty for 
failure of Tax 
Collector to ac- 
count and settle. 


138 


Death of Tax 
Collector, sure- 
ties to collect. 


Eight months in 
which to settle. 


1903. 


Suit on bond. 


Taxes. 


CHARTER OF THE 


fifteenth day of March of the next succeeding year after the 
taxes are levied, he shall forfeit and pay to the State, for the 
use of the City of Durham, a penalty of five hundred dollars. 
It shall be the duty of the Mayor upon the neglect, failure or 
refusal of said Tax Collector to account as aforesaid, to cause 
an action to be brought in the Superior Court of the County of 
Durham, on the bond of the said Tax Collector against him and 
his sureties, to recover the amount owing by him and the 
penalty aforesaid; if the Tax Collector shall fraudulently and 
corruptly fail to account, as aforesaid, he shall be guilty of a 
misdemeanor, and upon conviction thereof shall be sentenced 
to pay a fine in the discretion of the court, or be imprisoned not 
less than three months nor more than twelve months. 


Sec. 46. If any Tax Collector shall die during the time 
appointed for collecting taxes, then his sureties may collect 
them, and for that purpose shall have all the power and means 
for collecting the same from the tax payers as the Tax Col- 
lector would have had, and shall be subject to all the remedies 
for collection and settlement of taxes on their bonds and other- 
wise as might have been had against the Tax Collector if he 
had lived. 


Sec. 47. The Tax Collector (and in case of his death, the 
sureties) shall have eight months and no longer from the day 
prescribed for his settlement for city taxes, to finish the collec- 
tion of all taxes, but the extension of time for collection shall 
not extend his time of settlement of city taxes as aforesaid. 


Sec. 48. That for any breach of: his official bond by the 
City Clerk, Policemen, Tax Collector, or any other officers 
who may be required to give an official bond, he shall be liable 
in an action on the same, in the name of the city, or any person 
aggrieved by such breach, and the sarne may be put in suit 
without assignment, from time to time, until the whole penalty 
is recovered. 


Sec. 49. In order to raise funds for the current expenses 


of the city and thereafter for the improvement of the same 


and the payment of the interest on its bonded debt, and the 
creation of a fund to meet the principal of that debt when due, 
the Board of Aldermen of the city, shall at their first meeting 


a Se 


Crry or Duruam 


in June, or as soon thereafter as practicable in every year, lay 
and provide for the collection of the following taxes: 


(1.) On real and personal property within the limits of 
said city, and all other subjects taxable by the General As- 
‘sembly of the State, as specified and valued under the pro- 
visions of law, an ad valorem tax not exceeding one dollar 
on every hundred dollars of such valuation, as of the first day 
of June of every year. 

(1-A.) That all cemeteries, property held for educational, 
scientific, literary, charitable or religious purposes, located 
within the corporate limits of the City of Durham shall be 
exempt from taxation. 


(2.) On all persons residing in said city on the first day of 
June in every year subject to poll tax under the law of the 
State, a poll tax not exceeding three dollars each. 


(3.) On every express company, telegraph company, elec- 
tric light company, water company and power company, doing 
business and having an office in said city, a license tax not ex- 
ceeding in amount one per centum of the gross receipts by it, 
at its office in said city, received during the preceding year up 
to and including the thirty-first of May next before the date of 
fixing such license tax. Whenever any company of the charac- 
ter above named shall be operated partly in this State and 
partly without the State, the above tax shall be upon the gross 
receipts (at its said office) on the business done within the 
State, the receipts upon interstate business being prorated in 
the ratio which the. distance within the State bears to the 
entire distance of transmission or transportation. The mana- 
ger or agent in charge of the business of any such company in 
said city on the first day of June in every year, shall on that 
day, or if that day be a Sunday or a legal holiday, on the 
next day thereafter, make to the Clerk of the Board of Alder- 
men of said city, who shall have power in such case to admin- 
ister oaths, a written return under oath, signed by him, of the 
amount of such gross receipts. Any such manager or agent 
who shall fail or refuse to make such returns on the day 
whereon the same shall be made, as hereinbefore provided, 
shall be guilty of a misdemeanor, and on conviction fined not 
more than fifty dollars or imprisoned not more than thirty 


139 


Property. 


Certain property 
exempt from tax- 
ation. 


1901. 


Poll Tax. 


License tax on 
various corpora- 
tions. 


140 


License taxes. 


Leaf tobacco. 


Commission mer- 
chants. 


Brokers. 


Vehicles for hire. 


CHARTER OF THE 


days. Every such company, whose manager or agent, as 
aforesaid, shall fail or refuse to make such returns at the time 
hereinbefore provided for, or which shall fail to pay the 
license tax upon its said business, within the time prescribed 
by the Board of Aldermen for such payment, shall be guilty 
of a misdemeanor, and upon conviction shall be fined one thou- 
sand dollars. The amount of such license tax, upon the fail- 
ure of such agent or manager to make such return as herein- 
before provided, shall be fixed by the said Board of Aldermen 
at its next meeting after the day on which such return should 
be made as hereinbefore provided, or at some other meeting 
thereafter, by determining the amount of such gross receipts, 
as nearly as they can ascertain the same, and of such amount 
so determined, which, for such purpose, shall be taken and 
deemed to be the amount of such gross receipts, taking one per 
centum thereof as such license tax. 


(4.) In addition to the other subjects listed for taxation 
in said City, the Board of Aldermen thereof may lay and cause 
to be collected taxes on the following subjects, as a license tax 
for the privilege of carrying on the business or doing the act 
named, respectively, the amount of which, when laid, shall be 
collected by the Chief of Police of said city immediately, and if 
the same be not paid on demand, they may be recovered by suit 
or seizure, or sale of the articles on which they are severally 
imposed, or of any property used in carrying on such business, 
or of any other property of the owner in said County of Dur- 
ham, in the same manner as hereinafter provided for the sale 
of personal property by the Tax Collector for ad valorem 
taxes: 

(1.) Upon every leaf tobacco dealer, a tax not exceeding 
twenty-five dollars a year. 

(2.) Upon commission merchants, auctioneers or brokers, 
a tax not exceeding one hundred dollars a year. 

(3.) Upon every stock or bond broker, or upon every 
person, firm or corporation keeping an office in said city, where 
margins are bought or sold, or stock market transactions en- 
gaged in, a tax not exceeding five hundred dollars a year. 

(4.) Upon every omnibus used for the carriage of per- 
sons for hire, a tax not exceeding twenty dollars a year; and 


City or DurHam 


upon every hack, carriage or other vehicles used for the trans- 
portation of freight or other articles of hire, a tax not exceed- 
ing fifteen dollars a year; and a discrimination may be made 
between one and two-horse vehicles in the tax: Provided, how- 
ever, A distinction may be made between residents and non- 
residents of the city operating such vehicles or conveyances. 


(5.) Upon every keeper of livery, livery or sales stables 
or stock yard, a tax not exceding twenty-five dollars: Provided 
A distinction may be made between resident and non-resident 
keepers of such. 


(6.) Upon all dogs kept in the city, and which are so 
kept on the first day of June, a tax not exceeding three dollars 
a year: Provided, A discrimination may be made in the sexes 
of the dogs in the tax. 


(7.) Upon every transient merchant, trader or street ped- 
dler offering to vend in the city, a tax not exceeding one hun- 
dred dollars a year, or twelve dollars a month, except only as 
sell books, charts or maps. 


(8.) Upon every public billiard table, shooting gallery, 
bowling alley, or alley of like kind, skating rink, bagatelle table, 
or table, stand or place for any other game or play, with or 
without a name, kept for hire or kept in a place where liquor is 
sold, or a house used or connected with such house, or a hotel 
or restaurant, a tax not exceeding one hundred dollars a year 
nor less than fifteen dollars a year. 


(9.) Upon every hotel, boarding house, victualing house 
or restaurant, established, open or kept in the city, a tax not 
exceeding fifty dollars a year. 


(10.) Upon every permission or license of the Board to 
wholesale or retail spirituous, vinous or malt liquors, a tax not 
exceeding five hundred dollars a year,,to be paid annually, 
semi-annually or quarterly, as the Board shall determine: 
Provided, ‘The Board of Aldermen may make a distinction 
between wholesale and retail dealers, or spirtuous, vinous or 
malt liquors. 

(10-A.) That no license to wholesale or retail spirituous, 


vinous or malt liquors shall be granted to any person to con- 
duct such business at a point more than five hundred yards 


141 


Livery stables. 


Dogs. 


Transient mer- 
chants. 


Billiard tables. 


Hotels and 
boarding houses, 
etc. 


Bar-rooms. 


Limits pre- 
scribed in which 
liquor license 
may be granted. 


Circuses. 


Dog or pony 
shows. 


Opera houses. 


Sleight-of-hand 
performances, 
etc. 


Exhibitions for 
reward. 


Other exhibi- 
tions. 


Sewing machine 
agents. 


Hucksters. 


Itinerant den- 
tists. 


CHARTER OF THE 


from the center of the City of Durham, as such center is es- 
tablished in Section 1 of this act. 

(11.) On every exhibition of a circus or menagerie within 
the city, or two miles thereof, one hundred dollars for each 
separate exhibition, and on each side show, twenty-five dollars, 
to be paid before the exhibition, or if not paid then, the same to 
be doubled. ay 

(12.) Upon every dog or pony show or exhibition within 
the city or a mile thereof, a license tax not exceeding twenty 
dollars. 

(13.) Upon every hall, building or place hired, leased or 
let for theatrical plays, operas or other stage exhibition of any 
kind, a tax not exceeding two hundred and fifty dollars a year. 

(14.) Upon every exhibition within the city, of stage or 
theatrical plays, sleight-of-hand performances, rope-dancing 


or walking, a tax not exceeding twenty-five dollars, to be paid’ 


before exhibiting, or the same to be doubled: Provided, This 
section shall not apply where such exhibition or performance is 
given in a hall or building or place licensed under this Charter. 

(15.) Upon each exhibition, for reward, of wax-works, 
or curiosities of any kind, natural or artificial, a tax not ex- 
ceeding ten dollars. 

(16.) Upon each exhibition of any other kind, and on each 
concert, for reward, and on every strolling musician, a tax of 
five dollars, except when the exhibition or concert is given for 
charitable or benevolent purposes, or to aid in any public im- 
provement or enterprise of the city. 

(17.) Upon every manufacturer, dealer in, or agent for 
sewing machines or musical instruments, a tax not exceeding 
fifty dollars a year. 

(18.) Upon every street huckster, photographer, merchan- 
dise or produce broker, a tax not exceeding twenty-five dollars 
a year. 

(19.) Upon every itinerant dentist, itinerant medical prac- 
titioner, optician, portrait or miniature painter, daguerrean ar- 
tist, photographer, and every other person taking likenesses of 
the human face, a tax of five dollars a month: Provided, 
License shall not be granted or issued for less period than one 
month. 


City or DurHam 


(20.) Upon every itinerant person or company peddling 
lightning rods, stoves or ranges, a tax of fifty dollars a month 
on each wagon (if wagons are used) ; if wagons are not used, 
the tax shall be paid for each agent: Provided, License shall 
not be granted or issued for less period than one month. 

(21.) Upon every bill-poster, a tax of not more than ten 
dollars per annum: Provided, The Aldermen may authorize 
license for less time or period than one year. 

_ (22.) Upon every horse drover selling horses, a tax not 
exceeding fifty dollars a month. 

(23.) On banks, banking business or bank agents. a tax 
not exceeding one hundred dollars a year. 

(24.) On dealers in fertilizers and agents for the sale 
thereof, a tax not exceeding twenty-five dollars. 

(25.) On every lumber dealer or dealer in bricks ur other 
building materials, or manufacturers thereof, or agents thet eof 
not exceeding twenty dollars for every yard, warehouse, office 
or place of business. 

(26.) On every person, firm or company selling pistols, 
bowie knives, dirks, slung-shots, brass or metallic knuckles, or 
other deadly weapons of like character, in addition to all other 
taxes, a license tax not exceeding fifty dollars a year. 

(27.) On any other business, trade, occupation, calling or 
profession engaged in, carried on, in whole or in part, in, or 
having a place of business in the corporate limits of said city 
not otherwise herein taxed or authorized to be taxed, a privi- 
lege tax to be fixed by the Board of Aldermen. 


Sec. 50. Every person, clerk or agent who shall practice 
any trade or profession, or use any franchise, or engage in any 
business taxed by the Board of Aldermen of the City of Dur- 
ham, under this Charter, without having paid the tax, and hav- 
ing obtained the license required, shall be deemed guilty of a 
misdemeanor, and shall be fined not exceeding fifty dollars or 
imprisoned not more than thirty days, for each offense, and for 
each day this section is violated such person, clerk or agent 
shall be guilty of a separate offense. 


Sec. 51. That the citizens of the City of Durham, and 
others having property or polls, liable to be taxed on account of 
any of the foregoing subjects, shall, during the time for listing 


143 


Itinerant light- 
ning-rod dealers. 


Bill-posters. 


Horse drovers. 


Banks. 


Dealers in ferti- 
lizers. 


Lumber and 
brick dealers. 


Dealers in pis- 
tols, etc. 


Other businesses. 


Penalty for prac- 
ticing trade or 
protession. 


Listing of taxes. 


144 


Board of equali- 


zation. 


Tax lists. 


Copy for Tax 
Collector. 


1903. 


Collection of 
taxes by distress 
and sale. 


CHARTER OF THE 


their State and County taxes, render to such persons as may be 
designated by the Aldermen of the city, on oath, a list of their 
property and subjects for which they may be liable to be taxed, 
together with the value thereof as fixed in the list returned for 
county taxation, and from said lists, or such list as may be re- 
vised by the Board of Equalization, the Clerk of the Board of 
Aldermen shall, within sixty days after the expiration of the 
time for taking such lists, make out, in a book kept or provided 
for that purpose, an alphabetical list of all persons, companies 
and owners of property who have so made their returns in the 
same manner as the tax lists are made out by law for the State 
and County taxes, and if any person fail to render such list, 
he shall pay double the tax on any subject for which he is 
liable to be taxed. 

Sec. 52. Whenever in their opinion, it may be advisable, 
in order to secure uniform valuation of property subject to tax- 
ation under this Charter, the Board of Aldermen shall appoint 
three or more residents of the city to constitute a Board of 
Equalization, whose duties, compensation and length of service 
shall be prescribed by the said Board of Aldermen. 


Sec. 53. That on or before the first day of August of each 
year, the Board of Aldermen shall proceed to lay the taxes on 
such subjects of taxation as are allowed by law, and shall, im- 
mediately after the approval of the same, cause to be made a 
copy of as much and such parts of said tax lists as may be re- 
quired for the use of the Tax Collector in collecting the taxes 
of the city; the said copy shall be delivered to the Tax Collec- 
tor on or before the first Monday in October, in each year, and 
he shall receipt for same. The Clerk of the Board of Aldermen 
shall endorse on said copy an order to the said Tax Collector 
to collect the taxes therein mentioned, and such order shall 
have the force and effect of a judgment and execution against 
the real and personal property of the persons charged in said 
copy respectively. The said Tax Collector shall proceed forth- 
with in the collection, and shall complete same on or be- 
fore the tenth day of March next ensuing, and shall pay the 
moneys as they are collected, to the Treasurer. 


Src. 54. That if any person liable to taxes on subjects 
directed to be listed shall fail to pay them within the time pre- 


City or Duruam 


scribed for collection, the Collector shall proceed forthwith to 
collect the same by distress and sale, after public advertise- 
ment, for the space of ten days in some newspaper published 
in the city, or at three public places, if the property be per- 
sonalty, and twenty, if the property be realty. Whenever any 
taxes in said city shall be due and unpaid, the Tax Collector 
therefor shall proceed to collect the same as follows: 

(1.) If any person charged have personal property any- 
where in the County of Durham, of value as great as the tax 
charged against him or against his property, the said Tax 
Collector shall seize and sell the same as the sheriff is required 
_to sell personal property under execution. 

(2.) If the person charged have not personal property to 
be found in said County of Durham, of value as great as the 
tax charged against him, or against his property, said Tax 
Collector shall levy upon the lands of the delinquent in the said 
County of Durham, or any part of such lands, and, after due 
advertisement, sell the same for the payment of said taxes. 
Such advertisement shall be made in some newspaper published 
in said County of Durham, for at least twenty days immediate- 
ly preceding the sale, and posting a notice of such sale at the 
courthouse door in the city at least twenty days before such 
sale, which shall contain at least a concise description of the 
real estate to be sold, the name of the person who appears upon 
the tax list as owner thereof, the amount of taxes for which 
said sale is to be made, and the day and place of such sale; the 
said Tax Collector shall divide the land into as many parts as 
may be convenient (for which purpose he is authorized to 
employ a surveyor), and shall sell as many thereof as may be 
required to pay said taxes and all expenses attendant thereon. 
If the same cannot be conveniently divided, the Collector shall 
sell the whole ; and if no person shall pay the whole of the taxes 
and expenses for the whole land, the same shall be struck off 
to the city, and if not redeemed, as hereinafter provided, shall 
belong to said city in fee. 


Sec. 55. The owner of any real estate, or interest therein, 
sold as aforesaid, his heirs, executors, administrators or assigns 
may redeem the same within one year after the sale, upon the 
same terms and conditions, and subject to the same provisos, 


Sale of personal 
property. 


Sale of real es- 
tate. 


How real estate 
sold for taxes 
may be redeemed. 


146 


Tax Collector to 
execute certifi- 
cate. 


And if not re- 
deemed, a deed. 


Sale not invalid 
because charged 
in wrong name. 


Rules, regulations 
and penalties for 
listing taxes, ete. 


CHARTER OF THE 


and in the same manner, as are prescribed by the law for the 
redemption of real estate sold for State and County taxes, ex- 
cept that all the duties, functions and powers provided in such 
law to be discharged and exercised by the sheriff or tax col- 
lector shall be discharged and exercised by the Tax Collector 
of the city. 


Src. 56. On any such sale of real estate, said Tax Collec- 
tor shall execute to the purchaser a certificate similar to that 
required or allowed by law to be executed upon the sale of real 
estate for State and County taxes, which may be assigned or 
transferred by the purchaser, whether an individual of said 
city, as such last mentioned certificates are allowed by law to 
be assigned or transferred ; and if the real estate sold as afore- 
said shall not be redeemed as hereinbefore provided, said Tax 
Collector or his succesor in office, under the direction of the 
said Board of Aldermen, at any time within one year after 
the expiration of one year, from the date of the sale, on request 
of the holder of such certificate and production of the same, 
shall execute to the purchaser, his heirs and assigns, a deed in 
fee simple for the conveyance of the real estate described in 
such certificate, and if such certificate shall have been lost, 
said Board of Aldermen, on being satisfied thereof, by due 
proof, shall direct the said Tax Collector to execute such con- 
veyance and said Tax Collector shall so execute the same. 
Any such deed shall be similar in form to the deed directed by 
law to be executed to a purchaser of real estate sold for State 
and County taxes, who is entitled to a conveyance of the same 
and shall be subject to the same rules, provisions, presumptions 
and conclusions as such last mentioned deed and, effective to 
the same extent as the last mentioned deed. 3 


Sec. 57. No such sale of real estate for taxes shall be con- 
sidered invalid on account of the same having been charged in 
any other name than that of the original owner of said real 
estate, provided such real esate be in other respects sufficiently 
described in notice of sale to insure identification. 


Sec. 58. All taxes of said city shall be listed, levied, assess- 
ed and collected, except as in this Charter otherwise provided, 
in the same manner and under the same rules and regulations, 
and subject to the same penalties as are provided by law, or 


City or DurHam 


shall hereafter be provided by law, for the listing, levying, 
assessing and collecting State and County taxes in this State. 


SEc. 59. When any lien or charges for repairs or im- 
provements of the sidewalks of the city, or for the inspection, 
removal or destruction of buildings, and for the suppression 
and removal of nuisances, or other lien or charges, of whatever 
nature or kind, authorized by the City Charter, shall be due 
and unpaid the city, the Tax Collector thereof shall proceed 
to collect the same, by the same process and in the same manner 
as he is authorized to collect taxes due upon the property sub- 
ject to such lien or charge, as provided in Section 54 of the 
Charter. 


Sec. 60. That in the absence of any contract or contracts 
with said city in relation to the lands used or occupied by it 
for the purpose of streets, sidewalks, alleys or other public 
works of said city signed by the owner thereof, or his agent, 
it shall be presumed that the said land has been granted to said 
city by the owner or owners thereof, and said city shall have 
good right and title thereto, and shall have, hold and en- 
joy the same. Unless the owner or owners of said land, or 
those claiming under them shall, at the time of the occupation 
of the said land, as aforesaid, apply for an assessment of said 
land, as provided for in the Charter of said city, within two 
years next after said land was taken, he or they shall be for- 
ever barred from recovering said land, or having any assess- 
ment or compensation therefor: Provided, Nothing herein con- 
tained shall affect the rights of feme coverts or infants until 
two years after the removal of their respective disabilities. 


Sec. 61. That when any land or right-of-way shall be re- 
quired by the City of Durham for the purpose of opening up 
new streets or for other objects allowed by this Charter, and 
for want of agreement as to the value thereof the same can- 
not be purchased from the owners, the same may be taken at 
a valuation to be made by three freeholders of the city, one of 
whom shall be chosen by the Aldermen and one by the land 
owner, and the two freeholders thus chosen shall select a third, 
and in making said valuation, said freeholders, or a majority 
of them, after being duly sworn by the Mayor or a justice of 


147 


How charges for 
repairs, etc., to be 
collected, 


Lands used for 
purposes of 
streets to become 
property of city 
for that purpose. 


1903. 


Condemnation 
proceedings. 


1903. 


Unlawful for 
County Commis- 
sioners to grant 
license to sell 
liquors, within 
city, betore per- 
mission has been 


obtained from Al- 


dermen. 


1903. 


CHARTER OF THE 


the peace for the county, or a clerk of the court of record, shall 
take into consideration the loss or damage which may accrue 
to the owner or owners in consequence of the land or right-of- 
way being surrendered; also any special benefit or advantage 
such owner may receive from the opening of such street or 
other improvement, and shall state the value and amount of 
each, and the excess of loss or damage over and above the ad- 
vantages shall form the measure of valuation of said land 
or right-of-way: Provided, nevertheless, That if any person 
over whose land the said street may pass, or improvement be 
erected, or the Aldermen be dissatisfied with the valuation thus 
made, then, in that case, either party may have an appeal to the 
next Superior Court of Durham County, to be held thereafter, 
under the same rules, regulations and restrictions as now 
govern appeals from judgments of justices of the peace, and 
the said freeholders, or a majority of them, shall return to the 
court to which the appeal is taken their valuation, with pro- 
ceeding thereon, and the land so valued by the freeholders 
shall vest in the city as soon as the valuation may be paid or 
lodged in the hand of the Clerk of the Superior Court, in case 
of its refusal, by the owner of the land, and so long as it may 
be used for the purposes of the same: Provided, however, 
That such an appeal shall not hinder nor delay the Aldermen 
opening such street or erecting such improvements: And pro- 
vided, further, That in case of the discontinuance of the use 
of the land and it reverts to the owner, the city shall have the 
right to recover any improvement by its authority erected. 


Sec. 62. That it shall not be lawful for the Commissioners 
of Durham County to grant any license to sell by wholesale or 
retail, spirituous, vinous or malt liquors within the limits of 
the city or within one mile thereof, without permission first 
obtained from the Board of Aldermen in office at the time of 
the application of the County Commissioners, and the Board of 
Aldermen shall not grant such permission to sell such liquors 
in any building within one hundred and fifty (150) feet in a 
direct line from any point on the municipal or market house 
building, located on Chapel Hill and Corcoran streets in said 
city ; and if any license shall be granted without such permis- 
sion in writing, attested by the Clerk of the Board and exhib- 


Ciry or Duraam 


ited to the court and filed with the Clerk of the Board of 
County Commissioners, the same shall be utterly void, and the 
person obtaining such license shall be liable to indictment, as 
in other cases of retailing without license, and for every of- 
fense of selling, shall, moreover, forfeit and pay to the city 
the sum of one hundred dollars. That it shall not be lawful 
for any person to sell spirituous liquors within the corporation 
or in one mile thereof without first having obtained license and 
paid tax in accordance with this section. 


Sec. 63. The Mayor and Aldermen, Tax Collector and all 
other officers of the city who shall, on demand, fail to turn over 
to their successors in office the property, books, moneys, scales 
or effects of the city, shall be deemed guilty of a misdemeanor, 
and upon conviction shall be imprisoned for not more than two 
years and fined not exceeding five hundred dollars, at the dis- 
cretion of the court. 


Sec. 64. That all fines and penalties collected for violation 
of this Charter or the Ordinances made in pursuance thereof 
shall go into the city treasury and belong to the City of Dur- 
ham. 


Sec. 65. That on and after May the fifteenth, one thou- 
sand eight hundred and ninety-nine, no person shall hold more 
than one office in the municipal government, and a member of 
the School Committee of the City of Durham is hereby de- 
clared to be an officer of the city, for the purposes of this sec- 
tion: Provided, however, If the Board of Aldermen may de- 
termine to elect an assistant clerk and a bookkeeper for the 
city, said offices may be held by one and the same person: 
Provided, also, That the Board of Aldermen may prescribe 
other duties for the Chief of the Fire Department. 


Sec. 66. That all laws and parts of laws in conflict with 
this act are herey repealed: Provided, Nothing contained in 
this act shall be construed as altering or changing the term of 
office of any persons elected on the first Monday in May, eigh- 
teen hundred and ninety-seven, and the several persons elected 
at that time as the officers of the Town of Durham shall con- 
tinue in their respective offices as officers of the City of Dur- 


10 


149 


Penalty for fail- 
ure to turn over 
city property. 


Fines under 
charter go in*o 
city treasury. 


No person can 
hold more than 
one office. 


1907. 


Conflicting laws 
repealed. 


Itemized state- 
ments of receipts 
and disburse- 
ments to be pub- 
lished. 


To extend 
streets. 


Unlawful for 
railroads to cross 
street at grade. 


Proviso: when 
section in ef- 
fect. 


Duties devolved 
on Corporation 
Commission. 


CHARTER OF THE 


ham until the election and qualification of their successors, un- 
der this Charter. 


Sec. 67. That it shall be the duty of the Board of Alder- 
men, on the first_days of July, October, January and April 
of each year, to publish, at the courthouse door of Durham 
County and in some newspaper published in the City of Dur- 
ham, an itemized statement of the receipts and disbursements 
of said city, from each and every source, and said Board of 
Aldermen shall annex to said July and January quarterly state- 
ments, a statement of the total indebtedness of said city, how 
evidenced and when due. 


CHAPTER 199, ACTS OF 1905 


Section 1. That the City of Durham is hereby authorized 


and empowered to extend Gregson street, Carr street and Al- — 


ston avenue, public highways, under the railroad tracks cross- 
ing said streets or the extensions of said streets, and to cross 
the right-of-way of any railroad company owning the same at 
said crossing or any extension of said streets across said right- 
of-way. 


Sec. 2. It shall be unlawful for any railroad company to 
lay any track on or across the aforesaid streets or their ex- 
tensions at the grade of the surface of said streets or any of 
them, and any railroad company violating this section, its 
officers, agents or employees, shall be guilty of a misdemeanor 
and punished, upon conviction in the discretion of the court: 
Provided, That this section shall not take effect until after the 
provisons of Section 3 shall have been determined. 


Sec. 3. The Corporation Commission of North Carolina 
is hereby authorized and empowered to ascertain, upon notice 
and hearing, the value of said right-of-way so taken by said 
streets, or any extension thereof, across the same, and the 
distance of the surface of said streets or the extension of either 
of them to the railroad tracks overhead, and to require the rais- 
ing, when and to the extent necessary, of the tracks of any 
railroad now crossing said streets or any extension of said 
streets, and fix and determine what part of the cost of making 


UOISUd}X9 AUP IO ‘s}9d1]S PIeS UO SYIeI} Pres JopuN SurIssoio pres 


— 


Crrty or DurHam 


of the same, shall be paid by the City of Durham and any 
railroad company affected by said crossing: Provided, An ap- 
peal shall lie from said order or orders by the City of Durham 
or any railroad company affected thereby as in other cases of 
appeal from orders of said Commission allowed in the Public 
Laws of North Carolina, chapter one hundred and sixty-four 
of the Acts of eighteen hundred and ninety-nine, being the 
act creating said Corporation Commission. 


Sec. 68. That this act shall be in full force and effect from 
and after its ratification. 


Ratified the 6th day of March, A. D. 1899. 


Amendments to this Charter as contained in Private laws’ 


of North Carolina, 1901, ratified March 1, 1901, and March 
11, 1901, and in Private Laws of North Carolina, 1903, ratified 
March 2, 1903, and in Private Laws of North Carolina, 1905, 
ratified February 27, 1905, and in Private Laws of North 
GnoieO/, Tate). 2 6 ec. ec ee een tlean we , 1907. 


Proviso: 


151 


appeal. 


INDEX TO CHARTER 


PAGE 

ALDERMEN : 

Compensation of ....:....5-.0 4000+ 5+ 7 eee 129 

Duties and powers enumerated ...- 2.22). :meeeeenee 130-135 

Election Of) sous se6. cde eee es de beies clea) 124 

Election of in case of tie vote ..... MP ccs occ scan 125 

Majority competent to do business .............ssseeus 129 

May make rules and ordinances /.......J.3eeseeeeeeeeeer 130 

Oath Of 2... cba sense ee eee e 50 6c oe 126 

Penalty for refusal to qualify .. 4. 2.< ese 126 

Vacancy in office, how filled ....... ) 322 =e eee 126 

Two from each ward ........00.... a00eseee eee 126 
AUCTIONS AND AUCTIONEERS: 

Regulated by Aldermen .... 222.2: -jcn eileen 134 
Battots AND Bator Boxks: 

Separate for Mayor and Aldermen ~...-.0seeneeeeneeee 125 
Bar Rooms: 

How licensed ..... 52 cn00000 cee 0cee bs oe 134 
Borrow1nc Money: 

When, how and for what ......:.....200seeeeeeeee 131 
BouNDARIES OF WARDS: 

To be advertised ......26..000 005050 50lle eee 122 
CarRIAGES, Drays, Etc.: 

Charges of, regulated by Aldermen -: >). aseneeeeene 134 
CELLARS: 

Regulated by Aldermen :...22.c. 2). sep e eee 132 
CEMETERY : 

Aldermen to provide for ........00.e4 0 soe 133 
CHALLENGE OF VOTERS: 

How made. 2.2.2 ce ces cue osteo neue tease eee 124 
CHIEF oF Fire DEPARTMENT: 

Elected by Aldermen ...:.0.... 000000: sn ese 135 


CHIEF oF PoLIceE: 
Elected ‘by the Board ......./0..22. 2... eee 135 


Crry or Duruam 


PAGE 

CLERK: 

Compensation of, fixed by Aldermen ................... 135 

IDigRES? Oi \ Ya SS ol eh A a ee at eae 135 

EELGGOR - OE a6 Sag, GOS CR Oe eer oe eee ete, 135 

Journal of, subject to inspection ......... eRe en Pec ee 135 
CONDEMNATION PROCEEDINGS: 

Blows Gomalaeneal aq on cece oA aerc GER ie ene a eee 147-148 
Convacious DISEASEs: 

EAERRC UMM OMMMERN ep seb sae Pep cy eteten @ 5c cs ga ela Siar RNA autora egeere eee 133 
CORPORATION : 

(Laut @IE? - ga GheotouhGie. dCi eGR TERETE RRC Ene ALE Pace 121-122 

INZMRS Ol “gogo Ge OVO LS cA RTE OTe nea ear nIerO ICs & 121 

IPR OBRII JIS ean ce uectas OOOO Ie ie Te Oe eae einen 121 
Docs: 

Aldermen may regulate how kept .......0.cc0ccecsews ace 133 
Drays, Carriaces, Erc.: 

Charezesnor, tegilated by Aldermen .....02.5..6....s00- 134 
ELECTIONS: 

Aldermen to elect in case of tie vote ............00000. 125 

Bralonsmand ballot: IbOXKES Ae 2s ecewe orn ce seuss serene 125 

Bommldaries, of ward, advertised ......:2..00e..cc0+s-s-s 122 

Callmomenwnen Aldermen fatl: 2 hc... acteceee oe ete cee 127, 

Winlemee Ore VOLERS CAs o.c/c aren iyrelestrele bse Ssaghs so mma cess adiere 124 

Conclnct- oF OREO Mac oadsn cenomeecene Obtedn seae ae ob 123-125 

IPanilaire. (© “Geille citchtem collec mame ae cicece an bic Maeretocies tec oer 127 

MMSE GHO USO MELECUI OMS) clsieuets Joints, aresncarciodalois nie cis keleieoe ste she ths 124 

ZOMG ESA EWIONKEDt cies a iciaeies nce see sesine ohrse’s Hieielt eee ia eae 125 

eGectucmenors: Moldat es | fait cian) ojais sscuse ete eee eiclelvieaicsicie sec 123 

IRGGUIGIEFEIRS Charen eRe RR CR OCT ene i cre aca es ere 123 

IRGENISINFAIBIOML Ga OtG CRU CORIO EOE Aa GO crcht eec aaa eee 123-124 

inmemiotmholdine: negtilar ae. sermsic asa ces «neces + 124 

WWairala:  Glinisioin On Lela Stole e saenemoadoos seme eousooceG 122 
ELECTORS : 

CO) ir OGRE eee erat rele vera sestarava ce aba at sietaia yates vota te evalcvartie aut 123-124 

Oiwaihinen sons: OF Shans soo peeoe oa om one o aera con eenG eae 122 

Seven may call election when Aldermen fail ............ 127 
EMINENT DomalIN: 

RU CUT TMM OMMRSAVELINNCLEY, | Clete sialon cis ainya te sive arate aievelessceleisiete-sisceys 147-148 


FINES FOR VIOLATIONS OF ORDINANCES: 
iMtOMeIRyarEREASULY, Serif see wicker sisveisieva siceie coisas, sigsiewae <2 149 
Levied, collected and appropriated by Aldermen ......... 134 


153 


154 


Inpex To CHARTER 


PAGE 

Fires AND FirE DEPARTMENT: 

Aldermen may provide for ...........-.esEeEeeEne SrGanisteee 132 

Provisions against ......--05-s+s>-5+ + ase ok 132 
HEALTH: : 

Aldermen may pass ordinance to preserve .............- ". 133 
INSPECTION : 

Of buildings, etc. ........cc00cces 0+ sn cleleehee 134 
INSPECTORS OF ELECTIONS: 

Appointment: {Of << ..)<..2% <<ieie-1olatas see BSSodsocns 124 

Duties of .o...cccccceswccees coe sees oe 125 

Keep two poll lists ........j02.0.-.-. + soe ger * 125 
ITEMIZED STATEMENTS: 

Of receipts and disbursements published ................ 150 
JOURNALS: 

Care and inspection of ............0eeh= nee 135 
LAND: 

How condemned for city purposes ...........2eseseeeees 147 

How sold for taxes and redeemed -::..-22-eeneneeeeee 145-146 

Used for streets, becomes city property in two years ..... 147 
Laws: 

Conflicting with charter repealed 5:2. 0.5. .eeeeeeeeeene 149 
LICENSE: 

In certain district ....25.500606000c0 05ers 148 

Liquor license .....2.252..:0t¢.+ 0:2 ences eee 141 

Special license tax «7... .....4 000s ees 6 cee eee eee 140-143 
LicHts: 

Aldermen have power to provide ........... ese ~ 130 
LiQuor LICENSE: 

County Commissioners not to grant before Aldermen.... 148 

In certain district :.......02. 000000008 os eee eee 141 

May be granted by Aldermen .....-2)5.05- ese oy 141 
-Limits: 

Boundaries of corporation .............-.+ 5+ ase 121-122 
MARKET: 

Aldermen may establish and regulate ...........c.0seses 13200 
Mayor: 

Appeal’ from. court. Of 2.00.00 ones ee aeeee eee BEE Bsc = 127 

Compensation of i002...) Js ace be cee ee 128 


Convey property |... 3. .ob se. ence een ne eee 4 


Crry or DtrHam ~ 155 


PAGE 
SDD? @U 3.6.25 gRC RRR eS ceeceE erence marrage ar eaeeee | 127 
LUSES GY cast GSR Reine amen tac omen oe ME Pn) aie 128 
ea Eetrar NeRSEMN OME Fey efirsy Vs 2 a SicSasnicior’ « ois eine onde ols gioieiene eee ee oo 129 
IPERS GI 5 ii 5 pled Gane eee IIE ETE ice Algae Ace ese rete 128 
PUR RAI HAE S Mi Oh Loo 2,55 nies 25, «ald deh trcic laesqectie ake aa Re ea 127-128 
itmiscietion, special COULE . oc... sacs seoetics seu ners seals 127 
Jurisdiction same as Justice of Peace .................. 127 
AEE SMO COMLE Of 1.2 dvs ca vibes cade Le se ned Sleiale ot cele nate 128 
OEE CE) Soaks SOE Se te ae Oe Renner eer rane lear 125-126 
Gikcemcouvenient for people: .. 2. .0ccsscchtccenssseceseee 128 
Penalty for refusing to qualify or serve ................ 126 
IRE WEre GI (Jadetceeacy see cra alee eee ee tare es AACE lin 127 
Precepts issued as those of Justice of Peace ............ 128 
Presides over meetings of Aldermen and votes in case 
GE WES . sodcuencSe Gun Oe AE BOCee GeEe eer ne 128-129 
PRAICECE MISE COPE: jis aicice vieteis ais os v vis ovis cele e eee vine cere 129 
Prostenipore, powers and duties ...........ccesencees ue 129 
Sic RAMONMOMI CORN ntsc oteretoc oven iolk v's vole d hoe eee cee eoeee 126 
See HAIG LSE OW) SALINE Clin crn oeiolorete seis, ers els iv io: ood siarcie el ereeisus ete soho aie 126 
(MGS Wh i8@. sopsccceRocnODO> TEE EeConeU as OOC note pe 129 
- NAME: 
ROR SCT ACM a Bis or 206 8 Shs oer racee vo 0 « SROs oe 121 
NUISANCES: 
MISSI CHERINAY: TADATC |i tals siole <tele's's wee. 0k seb eee ss com viele 133 
Prevention of contagious diseases ............00eeeeeees 133 
OatTH: 
ORL ERPEEIMEE eyelet Fotis sie isl or eset wucce. 6 pve talste Cereal sig ate ekcuseye 126 
ES PETROS o\oe50e. SS alee She sra ie: si0s <rove tia, Apap acintorctas a eeteraae eee 123 
SIERO MEPEMEI A oi 58sec c-dusls ete sracs div Seauet igh Syste) Sele asars Syste eo henayels 125 
OFFICE : 
Nopperson to hold more than) one «2.22% 60 sbecceeence os 149 
OFFICERS : 
Corporate rights not waived by failure to elect ........... 126 
Wrattes prescmiped by Aldermen 5 c.6.0 <Bcljeie icie oe elenicine o = 133 
SECC MD Yar NIGOKIMOM: -5.cis.ccalsjs ojcsoe siclereraiepciaisre/aycimicjevaisieie arefe 133 
Failure to turn over effects to successor ..............-- 149 
Oueiniceiion Or WnggaseotSSBbcoee aoeneRbCe eee CoseeaeEe 122 
Siitssonepreachot DONG 62) cicuce sina s cele deesiecea eee eke 138 
ORDER AND PEACE: 
IRGeseavcdmpy eAIGermien, oscar cacistineisacoe sce s ceric sie « 133 


ORDERS ON TREASURER: 
MPL TGNUMEST OTIC CES oi 5ya7 = a. aye c/o; 57a) feimnas Ws: Slalelnge/eimie cis oisioleieles/ec e's 136 


INDEX TO CHARTER 


PAGE 

ORDINANCES: 

Aldermen enact .......c0s00000080 00 © «05 gate 130 
PENALTIES : 

Aldermen refusing to Serve .....0..+ «<->. ssh 126 

Aldermen refusing to call election ......7J2.ceeeeeeeeeee 126 

Mayor refusing to Serve .......0.++-> use er 126 

Practicing trade or profession without paying license tax 143 

Refusal to deliver city property ........ seen 149 
PoLice : 

Duties ....c0cb ees cc ee dens noes cise «0 «nl 136 

Election Of 0. ..c0cccceeeuseoes cues + 30 ete Be 135 

Powers Of >.....cccesenceudocsc sess cusee ee eee 136 
Pot, Lists: 

Inspectors to certify and subscribe to’ ©...) -eeeeeeeeeeene 125 
PRECINCTS : 

Division of city into ....55........0ws «see 123 
PROPERTY : 

Conveyed, how and by whom <.........ceuueeeeeeneae 132 

Penalty for refusal to turn over ...: 2...s9ee=eeeeeeeenene 149. 

Rights of corporation ........ ++ «= sesh 7 121 
Pusiic GrounDs AND Parks: 

Aldermen may provide .............-. 0. ae eee ea 131 
RAILROADS: 

Aldermen may regulate crossings and speed of trains .... 132 

Grade Crossings ........0000¢dlees cos 02s ce 150 
RECEIPTS AND DISBURSEMENTS: 

Itemized statements published ...........Jsseeemeeeeenen 150 
REGISTRARS: 

How appointed .....0:.s.00.c0c. ene sane eee 123 
REGISTRATION : 

Books deposited in Mayor’s office ..............0-- oe eee 124 

Days and hours of .:........0.-c0e02+> 000 eee 123 

Oath of voters required ..........2...+.04 2000 eee 123 

Voters becoming 21 after close of books ..............- 124 
REPAIRS OF SIDEWALKS: 

How charged for and collected ........ >: sssee eee 147 


ScHoor COMMITTEEMEN: 
OMMiCErs? ss sdcios doc. don 5 de hele SOO OEE Ee ee Biko te 149 


Criry or DurHam 


PAGE 
SEWERS AND SEWERAGE: 
Conmolledeby, “Aldermen 3.0/5. G4..eeh ce Seas coumies 130 
SIDEWALKS: 
Adjacent land owners pay half expenses for repairs...... 130 
Oirersproynave: LO! daysimOtice yaaa ee as seem cece se cee 130 
Spectra, TAxeEs: 
WGEUIS CHRUCD NG SMU Miae ec ciriays ania tcc dine are arsitea. raveaneie nore eens 140-143 
STATUTE OF LIMITATIONS: 
Me ToOMyeaTs bats FISht tO Street. i... ce. see sees couse ae 147 
STREETS : 
PMidenmen@hnayeCOMtrOl OVEL .. os. ssccce. sec ckem ss eceeek 130 
AVETAIOMS, Graal NC cee Sie R eT an emer aS oA 130 
Boundamics altered on Changed: jacucescclsjae scien ocln cme 133 
Condenmanon Of might Ob Way ¢.-ccesd.sesce ses ue vee 147 
Conibutions to’ repair sidewalks ......5...0..c+-+esee 130 
Grades’ CATES TASS Saree He ETS CER EP Haein Ltt a 130 
Lands used for two years, grant presumed ............. 147 
IOESEBROL PROPOSeMY SELECTS: /.). cs. -s sislas ie see momen ccie 134 
Sidewalks repaired at expense of city and adjacent owner 130 
SuNDAY OBSERVANCE: 
PMG Cig MONMMEMINOL CE) titi ciusis cist aeinaras s/boaes. Oech met oite cian ola 133 
TAXES: 
Oo Um OnePeC Ali ZATION po uicte ue ciieisy~ sine ticecle soaks lane wie oS 144 
Geter ONE PAG aera eie-c eve acecn fete ae © saa te etereeers sa eee arene 139 
CeiaiepROPEDtyi EXC PE vo). 0yeles caval n cls camer Oe wo eee cae eaiers 139 
EMCALCMO POSAIeW metA acid erates hese eerste sie ps om ete ee 146 
Collector by sidistraimts tenor. eos). eee nets akties cake ene ae 144 
WersiedminyaeAlderimen 2. ij hee fers ole slave love Seis sietig eieiemeiae ese 138-139 
HWEKceIISeMITICHMSECIAL Gr. Saat ate sie sys peels icteneieicioccs ssusse-im mio euare 140-143 
LASTING ” OI Gye Oe eee eer raarna Vemiaverctorvuniesayet’ 143-144 
isismimades non COlUector  .adace sna deutdoslec ans vite 44 esalewce 144 
ists subyect to onder of Aldermen 2.222.525. 22. is.202-2. 137 
RenalnyeerOmr tatlmne sto list taxes. ..cne+-siesccceaesn eee: 144 
Penalty for practicing trade or profession without paying 143 
pO Pe tammy le mite layscend le es) al oie a laueustin searevists nse eistannlesay ec 139 
FOPEUNVAEGEUEEIIEG YH sie! baye lene srevcusis ove slsieie leaves wie ueiele -.. 145-146 
ARODEREVARSALE. Ol mTOIs sLARA” lorie ola etereteressisle! sis a's elere wuaie'al'ece) wes F 145 
Relat Oks reGeMmPtlOM).. sdvis ea). Hivlele viele vie istsle elves de eee oe 145-146 
Tax CoLLEcTor: 
Nera lOve ens aa. vais «kes nreveneke Pict c rstiacia) evs: ecataynieiens stable cere a 138 
Rlleciign “OF “obSoss aeons See acces Cece satiny ri - 135 


Powers, duties and liabilities ...............ccceeeeeeeees 136-137 


InpEX TO CHARTER 


PAGE 

TAS TS : 

Copy made for tax collector ....:..... 2. mseleitsieeteeeeaenn 144 

Subject to control of Aldermen ......-. ieee 137 
TAx SALE: 

Collector to execute certificate and deed ................ 146 

Not invalid because made in wrong name ............... 146 

Property, how sold ..........:0...0~ 00+ «eee een 145 
THEATRES : 

Licensed and regulated by Aldermen’ ~)>-))-eeeeeeeeiee 134 
TITLE: : 

To property condemned for tpark <.... <<. selenite 131 
TRAINS: 

Aldermen may regulate speed of ..........Jbsseeneuuee 132 
TREASURER : 

Compensation Of ......¢: 000000 000 cee 2 cine 135 

Duties Of 6.0.6.0. e000 s same gis e osie » ols c1a 135 

Election Of 2... ..000000 000 000 00ele/te 9); elena 135 

Moneys paid to ....csseccesseeeus see oe cee 135 

Orders drawn On 2.5.00. 0000+ oe oes) see realeleteteres 136 
VOTERS: 

Challenge Of 2.2.00... 00. 005 500 a eelece alee 124 

Registration Of .....5.00050+000+ 0000001 ee 123 

Their qualification .........:.005..:0020 eee 122 
Warps: 

Boundaries advertised .......%.2...00+s:ene eee 122-123 

Division of city into ...........ci0.+<se + sete 122 
WATCHES: 

Aldermen may provide ..............:s0-see teeta 133 


WATER: 
Aldermen may provide, regulate charges, etc. ............ . 130 


APPENDIX 


PRIVATE LAWS OF NORTH CAROLINA, SESSION 
1909, CHAPTER 296. 


An Act to Provide for the Establishment of a Board of Police 
and Fire Commissioners for the City of Durham. 


SEcTION 1. That in order to provide for the better man- 
agement of the Police and Fire Departments of the City of 
Durham, a board of police and fire commissioners, to consist 
of three members, all of whom are to be elected at the regu- 
lar municipal election to be held for the City of Durham in 
May, one thousand nine hundred and nine, one of said three 
commissioners to be elected for the term of six years, one for 
four years, and the other for the term of two years and three 
persons so elected shall, after qualifying as hereinafter pro- 
vided for, be and constitute the board of police and fire 
commissioners of the City of Durham. The terms of office - 
of said police and fire commissioners shall commence on the 
first Monday after the said regular municipal election of one 
thousand nine hundred and nine, and shall continue in office 
until their successors are elected and qualified. 

Sec. 2. That the electors of the City of Durham shall, 
at the regular municipal election for said city to be held in May, 
one thousand nine hundred and eleven, and biennially there- 

after, elect from electors of said city of Durham one commis- 
sioner to succeed the commissioner whose term will expire 
in that year, and as the terms of the commissioners elected 
under this bill respectively expire the vacancies in the board 
thus made shall be filled by electing members for six years, 
whereby all will serve and hold office for six years, and one 
to be elected biennially in May by the electors in said city, 
as hereinbefore provided. If any member of the said board 
of police and fire commissioners shall refuse to qualify or, 
after qualification, shall become physically or mentally disqual- 
ified to serve, resign, cease to be a qualified voter of the city of 


160 


APPENDIX 


Durham or be a candidate for any office, Federal, State or 
municipal (same to be found as a fact by the board of alder- 
men and spread upon its minutes), there shall be at once a 
vacancy in said board of police and fire commissioners, which 
vacancy shall be filled by the board of aldermen at their next 
regular meeting or at a special called meeting, after such va- 
cancy occurs; and when any member of the board of police 
and fire commissioners is named as an applicant or candidate 
for any office or a proper person to receive such office, the 
chairman of said board of police and fire commissioners shall, 
or any member of said board may, notify him, in writing, that 
his name is mentioned in connection with such office; and if 
said member so notified shall not, within ten days after the re- 
ceipt of said notice, file with the chairman of said board his 
statement, in writing, that he is neither a candidate nor appli- 
cant for such office, and that he will not serve nor accept it 
if elected or appointed, the said board of police and fire com- 
missioners shall declare vacant his office as a member of said 
board, which shall be filled in the manner herein prescribed for 
filling vacancies otherwise created in said board. When such 
vacancies are filled, for any cause other than expiration of 
term, they shall be filled by the board of aldermen only for 
the unexpired term. 


Sec. 3. That each commissioner and his successors in 
office shall, before entering on the duties of his office, take 
and subscribe the following oath, to be administered by the 
mayor: “I swear that I will faithfully and impartially de- 
mean myself as a member of the board of police and fire com- 
missioners of the city of Durham during my continuance in 
office. I have not, in order to influence my election to this 
office of commissioner, directly or indirectly, expressly or im- 
pliedly, promised my vote or support to any person for any 
office in the city of Durham nor for any other office. I will 
not knowingly permit my vote in the election or appointment 
of any person to position in the police or fire departments to 
be influenced by fear, favor or affection, reward or hope there- 
of, but in all things pertaining to my said office I will be gov- 
erned by my conviction of the public good.” The oath shall be 
entered upon the minutes of the proceedings of the board, and 


APPENDIX 


the original shall be filed in the office of the city clerk. That 
on the first Monday after their election said commissioners 
shall assemble, and, after taking the oath of office, organize 
and elect a secretary for the ensuing year, who, if said com- 
missioners shall so desire, may be selected from among their 
own number. The said board of commissioners so organized, 
shall be known as the board of police and fire commissioners of 
the city of Durham. The commissioner elected for a term 
of six years, and his successor in office shall be chairman of 
said board. The members of the said board shall be paid a 
salary of one hundred dollars per annum each, to be paid by 
the city of Durham in equal monthly installments, the said 
board shall hold regular monthly meetings on the second Mon- 
‘day of each month in some room in the city of Durham desig- 
nated for that purpose at such hour as the board may deter- 
mine. The chairman may and, upon written request of any 
one member, shall call special meetings of said board, of which 
due notice shall be given to each member not requesting such 
meeting. The secretary shall. keep in proper book a record 
of the proceedings of all meetings, and shall perform such 
other duties as the board may require. The said board shall 
adopt rules and regulations for the government thereof. It 
shall establish, promulgate and enforce proper rules, regula- 
tions and orders for the good government of the police and fire 
department and in any investigation pertaining to their duties 
shall have power to compel the attendance of persons and the 
production of papers, and, through and by their chairman, ad- 
minister oaths: Provided, That such rules and regulations shall 
not in any way conflict with any ordinance of the board of al- 
dermen. 


Src. 4. The police and fire department of the city of Dur- 
ham shall. be under the general control and supervision of the 
board of police and fire commissioners herein created and 
subject to the rules and regulations adopted by said board. 
Immediately on the election of said commissioners they shall 
proceed to organize the said department, as herein described, 
and to assume all the duties conferred upon them by this act. 
Members of the police force and firemen of the city of Dur- 
ham shall be appointed by said board of commissioners as 


161 


bo 


APPENDIX 


vacancies occur and as herein provided. The officers and mem- 
bers of the police and fire departments shall be appointed to 
hold office at the pleasure of said board upon good behavior, 
and the said officer and members of the police and fire depart- 
ments including the chiefs of said two departments, may be 
reprimanded, suspended without pay, or dismissed by said 
board for inefficiency, or for any offense against the rules of 
said board, malfeasance, misfeasance or non-feasance, neglect 
of duty, absence without leave, or other breach of discipline, 
immoral conduct or conduct unbecoming an officer, or rend- 
ering him in the opinion of said board unfit to act as such of- 
ficer. The salaries of the chief of police and of the chief of 
the fire department and all other members of said two de- 
partments shall be fixed and determined by the board of alder- 
men of the city of Durham. 


Src. 5. That the chief of police and chief of the fire de- 
partment of said city shall make semi-monthly a full and de- 
tailed report to the board of police and fire commission of the 
condition of their respective departments, service and conduct 
of the policemen and firemen, and shall each make a monthly 
report to the board of aldermen of the general condition of 
their respective departments. In the case of absence or dis- 
ability of the chief of police, then a member of the police force 
shall be designated by the police and fire commission to serve 
during such absence or disability, and the member so desig- 
nated shall be competent to discharge all the duties of the 
chief of police. 


Sec. 6. That the chief of police may appoint with the 
consent of the mayor, special police, whenever the exigencies - 
of the times, in his judgment may demand it. He may ap- 
point or employ with the consent of the mayor detectives and 
assign them to specific duties. He shall be the chief executive 
officer of the police force, and he shall be chargeable with 
and responsible for the discipline and efficiency of the police 
force and the execution of all laws and the rules and regula- 
tions of the board of police and fire commission. He shall 
assign to duty the officers and members of the police force and 
shall have power to change such assignments from time to 
time whenever in his judgment the exigencies of the service 


APPENDIX 


may require such change. He shall have power to suspend 
without pay, pending the trial and charges, any member of 
the police force: Provided, however, That no such suspension 
shall be continued for a period for more than ten days without 
affirmative action to that effect by the board of. police and fire 
commissioners. If the suspension of any member of the po- 
lice force shall not be confirmed by the said board on the 
charges preferred, he shall be entitled to full pay from the date 
of suspension, notwithstanding such charges and suspension. 
~ Said chief of police may grant leave of absence to the mem- 
bers of the force for a period not exceeding ten days. He 
shall report to the board of police and fire commissioners all 
changes or assignments of office and all leaves of absence 
granted. He shall have general care of the peace of the city 
and see that all subordinates do their duty in observing the 
same. He shall have control over the entire police force and 
see to the execution of every ordinance. 


Sec. 7. That the chief of the fire department shall be the 
chief executive officer of the fire department, and shall be 
chargeable with and responsible for discipline and efficiency 
of the members of his department and of the execution of 
the rules and regulations of the police and fire commissioners ; 
that during the absence or disability of the chief of the fire 
department the assistant chief shall assume the duties of the 
chief of the fire department during such absence or disability. 


Sec. 8. That all laws and parts of laws inconsistent with 
or repugnant to this act are hereby repealed. 


Src. 9. ‘That this act shall be in force from and after its 
ratification. Ratified this the 6th day of March, A. D. 1909. 


163 


164 


APPENDIX 


BOARD OF HEALTH 
ACT OF INCORPORATION 


An Act to Create a Board of Health for the County and City 
of Durham and to Provide for the Election of a Superin- 
tendent of Health of said County of Durham and City of 
Durham. 


The General Assembly of North Carolina do enact: 

Section 1. The board of commissioners of the county of 
Durham and the board of aldermen or other governing auth- 
orities of the city of Durham shall at a joint meeting to 
be held by them in the court house in the county of Durham 
on the first Monday of April, one thousand nine hundred and 
thirteen, at twelve o'clock of the day, elect a board of health 
for the county and city of Durham, which said board shall be 
composed of seven citizens of said county, at least two of 
whom shall be practicing physicians located in the city of 
Durham or Durham county. Three of said seven members 
shall be elected for a term of two years and so designated at 
said election, and four of said seven members shall be elected 
for a term of three years and so designated at said election. 
At the expiration of the term of the said three members so 
elected, their successors shall be elected at a joint meeting of 
the said board of commissioners of the county of Durham and 
the board of aldermen or other governing authorities of the 
city of Durham for a term of two years. At the expiration of 
the term of the said four members elected for the term of three 
years, their successors shall be elected at a joint meeting of the 
said board of commissioners of the county of Durham and the 
board of aldermen or other governing authorities of the city 
of Durham for a term of two years. The said joint meeting — 
of the board of commissioners of the county of Durham and 
the board of aldermen or other governing authorities of the 
city of Durham for the election of the said members of the 
board of health shall be held at the court house in the city of 
Durham on the first Monday of April at twelve o’clock of the 
day. The clerk of the board of commissioners shall be clerk 
of said joint sessions and it shall be his duty to notify the 


APPENDIX 


board of commissioners of the county of Durham and the 
board of aldermen or other governing authorities of the city 
of Durham of the time and the place of holding said joint 
session at least three days before the time prescribed for said 
joint session, and it shall be his further duty to immediately 
notify in writing the persons elected at said joint meeting, 
the term for which they are elected and to certify their 
names to the clerk of the board of aldermen or other govern- 
ing authorities of said city. 


Sec. 2. The board elected as prescribed in section one 
of this act shall be known and called the board of health of the 
county and city of Durham, and the members thereof shall 
hold their offices for the terms prescribed in section one of this 
act and until their successors are elected. And if any member 
of said board shall die, resign, remove from said county, or 
become incompetent to discharge the duties of said office, his 
successor shall be elected for the unexpired term by the board 
of health of said county and city. 


Sec. 3. The said board of health of said county and city 
of Durham created by this act shall elect the superintendent of 
health of the county of Durham and the health officer of the 
‘city of Durham at the time hereinafter prescribed, and the said 
officer when elected shall be known as the superintendent of 
health of the county of Durham and the city of Durham and 
shall perform all the duties and have all the powers now pre- 
scribed by law, whether by the public laws of the state or the 
public local laws for the city and county of Durham now im- 
posed upon the superintendent of health of the county of 
Durham and the health officer of the city of Durham, and he 
shall likewise be required to enforce all the rules and regula- 
tions now prescribed by the board of health of the city of 
Durham or which may hereafter be prescribed by the board of 
health of the county of Durham and city of Durham by this 
act created. 

Src. 4. On the second Tuesday of April at twelve o’clock 
jof the day following their election the said board of health 


shall meet in the court house in the county of Durham and 
elect its chairman and secretary and the superintendent of 


11 


165 


166 


APPENDIX 


health of said county and city and fix the compensation of said 
superintendent of health. It shall be the duty of the said sec- 
retary to certify to the board of commissioners of the county 
of Durham and the board of aldermen or other governing auth- 
orities of the city of Durham the names of the persons so 
elected chairman, secretary and superintendent of health and 
the compensation of the said superintendent. 


Sec. 5. The board of health of said county and city creat- 
ed by this act shall be charged with the performance of all the 
duties and shall be invested with all the powers now pre- 
scribed or imposed by law for and upon the sanitary com- 
mittee of said county and the board of health of said city 
of Durham, or which may hereafter by law be prescribed or 
imposed. 


Sec. 6. The said board of health shall on the first Mon- 
day of June of each year submit in writing to the board of 
commissioners of said county and to the board of aldermen 
or other governing authorities of said city of Durham in joint 
meeting held at the court house in the county of Durham at 
ten o'clock of said day an estimate of the cost and expense of 
discharging the duties imposed upon them by law, and en- 
forcing the carrying out of the rules, regulations and ordi-. 
nances prescribed or enacted for the protection and preserva- 
tion of the public health and the payment of the salary of the 
superintendent of health and of such other employees as it 
now or may be authorized by law to employ. And it shall be 
the duty of the board of commissioners of the county of Dur- 
ham and the board of aldermen or other governing author- 
ities of the city of Durham, respectively, to appropriate for 
the use of said board of health such amount of money as may 
by said board be deemed necessary to pay the salaries, costs 


and other expenses authorized by this act. Fifty per cent of 


the money so appropriated shall be paid by the city of Durham 
and fifty per cent by the board of commissioners of Durham 
county, upon such warrant, as is hereinafter prescribed, by 
the respective treasurers of the city of Durham and the coun- 
ty of Durham. The money so appropriated by the said com- 
missioners of the county of Durham and the board of alder- 
men or other governing authorities of the city of Durham 


APPENDIX 


shall be paid by the treasurer of the county of Durham and 
the treasurer of the city of Durham upon warrants drawn 
thereupon by the secretary of the board of health, approved or 
countersigned by the chairman of the said board of health 
and the superintendent of health: and an itemized statement 
of such expenses duly verified by the said secretary, shall be 
published at the end of each quarter of the year and a copy 
thereof delivered to the clerk of the board of county commis- 
sioners and the clerk of the board of aldermen or other gov- 
erning authorities of the city of Durham. 


Sec. 7. It shall be the duty of the superintendent of health 
to give his entire time to the duties of his office, and he shall 
visit at least once during each session or term each public 
school in the county and city of Durham and instruct them as 
to the preservation of health. He shall be removable by the 
‘board of health upon notice to him and after hearing for in- 
competency or neglect of duty. 


sec. 8. If the chairman of said board, or the secretary 
thereof, or the superintendent of health shall misapply or mis- 
appropriate any of the money appropriated for the use of 
the board of health by the board of commissioners of the 
county of Durham or the board of aldermen or other govern- 
ing authorities of the city of Durham, he shall be guilty of a 
misdemeanor. 


Src. 9. The board of health shall meet in regular session 
at the court house in the county of Durham on the first Mon- 
days of May, July, September, November, January and March 
of each year, and special meetings of said board may be call- 
ed by the chairman of said board at such other times as he may 
designate, and notices of said special meetings shall be mailed 
to each member of said board by the secretary thereof at least 
‘two days before the time appointed for said special meeting. 
The chairman and secretary of said board shall be paid four 
dollars a day for each regular meeting they shall attend and 
the other members of the said board shall each be paid 
the sum of three dollars a day for each regular meeting they 
shall attend, but no per diem shall be allowed for special meet- 
ing, which said sum shall be paid out of the moneys appro- 


167 


168 


APPENDIX 


priated for the expenses of the said board of health. In the 
event that there shall be an epidemic of disease in the said 
county or city of Durham which shall create an expense upon 
the board of health in excess of the amount appropriated by 
the board of commissioners of the county of Durham and 
the board of aldermen or other governing authorities of the 
city of Durham, then it shall be the duty of the chairman of 
said board of health to report the fact to the said board of 
county commissioners and the said board of aldermen or other 
governing authorities of the city of Durham and request a 
joint meeting of said boards to appropriate a sufficient amount 
of money to cover such extraordinary expenses, and in the 
event of any surplus of appropriation for the expenses of said 
board of health remaining unexpended at the end of any fis- 
cal year, the same shall be credited upon the appropriation for 
the next succeeding year. 


Sec. 10. Nothing in this act is intended to require or shall 
be construed as requiring the board of commissioners of the 
county of Durham to defray any part of the expenses of the 
sanitary department of the city of Durham or the governing 
authorities of the city of Durham to defray any expense for 
sanitation in that part of Durham county beyond the corpo- 
rate limits of the city of Durham, but such expense of sanita- 
tion shall be borne respectively for the city by the governing 
authorities thereof and for the county outside the city limits 
by the board of commissioners of the county. 


Src. 11. All laws and parts of laws inconsistent with or 
in conflict with the provisions of this act are hereby repealed. 


Src. 12. This act shall be in force from and after its rati- 
fication. 


In the General Assembly read three times and ratified this 
the 3rd day of March, 1913. : 
H. N. PHAR 
President pro-tempore of the Senate. 
GEO. W. CONNOR, 
Speaker of the House of Representatives. 


APPENDIX 


Raleigh, April 8th, 1913. 


I, J. Bryan Grimes, Secretary of State of the State of 
North Carolina, do hereby certify the foregoing and attached 
(six (6) sheets) to be a true copy from records of this office. 

In witness whereof, I have hereunto set my hand and af- 
fixed my official seal. 

Done in office at Raleigh, this 8th day of April in the year 
of our Lord 1913. 

J. BRYAN GRIMES. 
Secretary of State. 


169 


INDEX TO ORDINANCES 


AcapEMyY oF Music: 


Police and Firemen stationed at...: ... 2 cesarean 
Smoking in prohibited................ + «+l2)saleetereeetnaenena 


ADVERTISEMENTS (See Bill Posters) 


Affixed to houses, fences, etc., without consent.......... 
Bills and dodgers, placing on trolley poles prohibited...... 
Posters, bills, etc., distribution on streets prohibited...... 
Obscene on house, fence or wall prohibited ............... 


ALDERMEN : 


Application and petition, how received. ..)....sseeaee 
Appropriate money at regular meeting: ©. ==. eee 
Divisions of questions...........2.<\«. «ere 
Elections “by ballot... 2.02.10. .006 .00 00 001s seer 
Mayor to’ preside.’ ..5. 6.0... 002 cee se center pe 
Meeting of, regular and special............ ose 
Motion to amend... .....0...600+ 00 04s cele 
Order of business ........2..00ds.00+0« oe 0 een ee 
Order of motions... 005.04 00.s:ci0 000000 + ele 
Order of voting... .ss6.525..00000000 4000 


Ordinances, effective when ..............+ ese 


Quorum Of o.i.ic ccc sweclee ved see oe ek tee 


Previous question, how called. ....:...... secs 


Reconsideration of question ....%........ + 2+- steele 


Repeal of ordinances ........). 00, cd. 40+. 3h eee 


Report of committees .. 0. .....52. 02.206 7 en eee 
Resignation of members ...-..:.....+-. sees eee 
Rules of meeting 2.4... 0.00002000000+ 00 eee 
Special committees 2.0.0. 55.00.0000 «0 occa eee 
Standing committees ..... 2.02. .Jo0c- 0+ ccc eee 
To order street work. ...... 000.500 «nes oases 


ANIMALS: 


Disabled, use of prohibited. .......4.0.- 0. ces seen 
Feeding on streets prohibited............+.+ ssa 


Hitching to shade trees on streets prohibited ............. , 


APPLICATIONS AND PETITIONS: 


Presented through Clerk... 5....0.0..: 4.6 eee ; 


ATTORNEY : 


Compensation: of ...0....05055 es sieclochac.c one eee 
Duties Of ...0 dba ¢ohih coe eee 


nn pS 
em & 


NW Ww 
OrRVD 


_ 
NNN 


DBINONDAUIUDAAUAUANADHN 


Ciry or Durnam VE 


PAGE 
Elected, how and when................. eto pt ctie 9 
AUCTIONEERS :- 
Salesmey on street prohibited... ... 2.2.26 ose ese eee ck ec ces 80 
AUTOMOBILES : 
EppLoacuine frightened animals... ..-.. 60402... 02502- 93 
Approaching street cars, slow down and signal............ 28 
Approaching street cars and corners, give warning........ 27 
Chawnenrs, of public, wear badge. .... 2.0.22. s0000cenes 83 
IDSINSERE GS i) Seen 2 er ar 27 
Engine running, not left on street unattended............. 31 
ermlere- | PeErniit NECESSAFY <5: <...<.cs6csessb ee ece se cecee 82 
Rimemtonhe equipped with... ...... 0.02. seccescceccewccs 27 
Injuring person, give name, residence and number........ 28 
LiGEERE GEST OHSS Aaa: Soe ec ane ene eee eae Sen 83 
Minor under fifteen prohibited from driving............. 82 
Muffler cut-outs prohibited, where..................2000: 28 
Number plates to be affixed to front and rear............ 28 
OWMIERS GUSTO es Cs ee ne Aerie 27-28 
MICRMMNNESHT OTE L@AT: S-(s/s/5)0)2 = sisas sb vo sw See 0 ORS ba a ease 28 
PHCEMEGISOIeSERECES® 26.8262 z.cecec. cacao Pas cee geek ews a 28 
Streets, not to be left unattended on ..................20. 19 
Unauthorized person prohibited from operating.......... 82 
WIMRCMEIHEGIONY 6 chs wcca eh ce cen che Masia cake ee eee 28 
AwNIncs: ; 
EMR Pe SEE OUI SELEEE: ccs as ele 06 6.6.06. 6 wlevancse(Sie'e os Sib aie ve were 18 
SUDO CL, Glee RSS oO Cee eS alone anaes 24-25 
BarRELs : 
Sidewalks or streets, rolling on prohibited................ 19 
BANNERS AND SIGNS: 
Suspension across streets prohibited..................-.. 22 
Bawdy Houses (See Disorderly Houses)................ 62 
Biiirarp Rooms: 
EAMPRE AIO IME LONTOPEINGe. | fsx sie.~ oh chick SoS ocis's/o sc assis weiss 79 
ROSS CM MOUES TORS od oe Sei ick, sbra tela lelagale a ckeie ys Wie maces sisis 3 80 
Intoxicating or malt liquors prohibited in................ 84 
Minors prohibited from entering... 2. .20.5..66.60c8- 056s 81 
BILG, JE@SRERS 222 COB c oan SepOc Soe eee eee att wane ee sei 80 
BIcYCLEs: 
BSUS Of dee Rese eousereeeedon Glee est een Se AASer aaarei aie 16 
LiSi OD Cite] jes Ae ease eeeconecomectarens Soest aee 16 
aed eSpUre BET CIEE O® OID (fo. '5, 0, <0 0's einse wie cro hiw sige eee ewes tale < 15 


STGQi, GIP D332 oe See eae ee corer de ectr erate eee 16 


L72 InDEX TO ORDINANCES 


PAGE. 
BooKkKEEPER : 

Bond and pay Of ......0. 020002 e 0 ema s\s)0) eater § 
Boovt-BLACKS : 

On streets, license Of .... so «00s seu a + si ; 80 
BolstEROUS CURSING 22.202. dec00 0002 20a so n= «ie 63 
Bow.iine ALLEYS:- 

Application to open .......00.s00000++ ++ oe 79 

Closing hours of.......0....eece0s" +4 025) ee 80 
Brass Banps: 

When prohibited ......... aspecs cece co e)eiuereelelene ene 65 
BRIDGE: 

Injury tO 0s... c ee eeecee see eesiies ocle ee eh 16 
BuILDING AND Buripinc Laws: 

Alterations to be approved........... -/).. eee 114-115 

Basement defined .....0.000600s00 00 0 6 16 alee 110 

Bay windows, etc. 2.0.4. 0s s0.0000 0's « fetal 114 

Business building defined’ -:......2....- = see 110 

Business building, walls of ..........5... «seein 111 

Buttresses ....0e.eceeele so was disieid o/s sisiels cee 111 

Certificate, Building Inspector issues ...........--+e+ee-- 108 

Chief of Fire Department to inspect...-... see 43 

Chimneys, how constructed ............ cee 40 

Chimney, heighth, size and thickness................-.s<- 112 

Chimneys, foundation of )........2..2.. > see eee LS 

Chimneys, unsafe, repair of .. J.. .0.... 2. see 115 

Contractors, registration and bond of............. peReeee 116 

Damaged, when condemned: .....:.2..: 0255 eeeeeeee 108 

Dangerous, when condemned ..:.......++.0eeeneneeene 114 

Dry kilns within 100 feet thereof..--....- essen 41 

Dwelling houses, roof of .....:0....«0saeseeeee eee 111 

Electrical construction, requirements of .............-.-- 52 

Electrical construction, permits and license .............. 52-53 

Fire District, building in ~....:..:0..+s0+ cca ane 108 

Fire District, certain buildings prohibited in.............. 115 

Fires not to be built within certain distance of............ 41 

Flues and ‘party walls ......20..:0 6s. «.--ss2 ee 113 

Houndation) construction on sseee eee ee eras a 113 

Girders and beams, support of.......0.-.- 0-0). 109 

Heating system, how installed: - 2.2.2.2... 1.2/0 eee ely es 

7 Inspector, duties of (6.0) /5562..0502 eo oee oe ce 107-117 

Iron’ fronts: 3. chosen eee ee eee Pe! Shas nc 113 

Inspection required-......2.4 ace sew oe eee 107 


Joists and girders’ ..... 2.00.) 6204 See eee 114 


City oF Dournam 173 


PAGE 
MEDC SecHPLOMAL Ost Wc cielens.c, sere e’aie:a a sora etsicla evaeieieeter wine 114 
Watenials detective prohibited oi... -.icceneesccseccees<< 117 
Obstruction of fire hydrants prohibited .................. 51 
Obstructions in streets, red light at night ................ 20-21 
Wihearsratiorized to enter va. .s docs soe oe soins abc aie 115 
Parapet walls, heighth and thickness ..5..-Ms....-%--.-.- 109-110 
IPATIRG WaIUS: sg oR SoG Chie TIE ici IO ORAM Eee airs JOU 
Pent for erection and repairs Of......0.0.0e.cesee esses 107 
eiterOonn Or application) << ss. .+ as. siecle «eee e tree aieete 107 
Pemmirsmcrecord Of kept)... ssscess cc oes des oe blew Selous 107 
Red light at night on material in street................... 20-21 
IROOUS, BI Cbopdebnbl cA aSe ene See tear ete cc. cisa 111-112 
ROOST aG ANG GOMPOSHION .::s.2<cs.t:ccecs saeco eeee 114 
ENO ORSMES GUEbIO MITC Sm) e aii = ee ota weet t alie na ath meen 114 
Ditavines, not to be deposited néar ............008.0seese 41 
rdewallcsmusesof im building .:<....0e4.. nes csleceone oe 115 
Sidewalks inclosure Of whem ..0.6 065006 Moca ces Oe eaen 30,116 
Solenualiccusscamold: OVER c: + i241 cde secs douse leone anneal 30,116 
Sidenvell kconatetmMOLAGys c22\< 2 ki eke + ata cee deste dieelaleetels lake 116 
Standards biihkding <.22.2:.s¢2.ee22ss.0e00e: BERR S ccoon ate 109 
Stomemracinges, Support Of.2.:.2......o02 dss evecer ese sees 111 
Stovesuuow erected: ..c....iescrs ected APP Eg a an es Bai 41 
Violation of building laws, penalty for .................. 117 
Wialicaenont tenmination Of) 22.02% .02.02 00.005 c0s ed cincinl 112 
Wi'pills,, Regie Ole Reicietoare GS cr eee cae ree rene rene 117 
Vives, iiinlyeie shila oon Oe ner Eman ano See aine aaene arin 113, 
MIP MEMERE NIC HICSS? OS 2 fois cee co re tee vic coin ae nes 108-109 
NieMismonepiublic buildings sec. jee sicjee cle epee ee < ceieei= eye 110 
Ncriu MOTO OAl CIM Ga Wirenctaidlef'siv-c cyerens 6 Meiers ge cialne creado eee ee 113 
RVinesmhow removed) from) j..-00 0+. esteesses se dineaisees 54 
Buripinc INSPECTOR: 
Condemn unsafe or dangerous building .................. 20 
Hatinrestomperiotin: dtities) DYi..-.a-.0ncccc ees asses aces ce 20 
ispectionwor piildines Dy) sce. sore 6s +++ es siecle e. 20 
NottingOWMEKS@ tO. EEPAll c.<cccs te ae os eelgsce s+ cle ecilnce ce 20 
CARRIAGES : 
Wetrateinema rivers Os. oe ccc olson ce leis ciiaels acle starsiele: future 79 
Drivers of, standing on sidewalk Church Street..........- 24 
peolicmandachaTrees OL. .,eisic.erare ersceice ciciele: aresaieie oleate sieve sie 79 
S2GG0l ‘Olt esas SECO ae SRE OHS Sone ACS en Hani are 15 
Wallsend: ratesnon. to be) posted “Wit. ac ais. «ccs eee «er ee me 79 
Wnartended: on street prohibited 320... ..---cscee cess 19 
CeLiar Doors or VAULTS: 
RepaAimolnin pub licnkOOLWAYy) wales ee eere/-1> ceiet-l=) lela elelalelo cies 12 


InDEX TO ORDINANCES 


PAGE 
CEMETERY COMMITTEE: 
Duties of .....00...0000000cc 000 00 ese en 0 clean 10 
CEMETERY : 
Filth depositing in, prohibited .........)..seeeeeeeeee 88 
Fire arms, discharge of prohibited in.:...2s.enneeeeeeeee 88 
Graves, death certificate to accompany application for.... 89 
Games in, prohibited ...... 2... 00.+s.0« 0 olin 88 
Graves, depth of and how located =... 55...seeeeeeeeneee 87 
Graves, fees for digging .........+..+... ose eee 87 
Graves, sexton to dig ......05.¢.+000 +0. «este 87 
Lots, private unauthorized interference with.............. 88 
Lots, deed fOr «0.00600 00g ds eee ees oe ee 89 
Lots, price Of 2. 0.0..06085 0020005 00s 0 altel 89 
Lots, ownership of limited to two... ... ...s4eeeeeeeeee 89 
Lots, purchase Of «2... <0080.+ 00s 01 «+ «e}ns eile eee 89 
Lots, sexton collects for ...........<+ ese 89 
Sexton, duties and appointment of .............sseeeees 87-89 
Sexton, police powers Of.........0...00+: seen 89 
Sexton, records kept by ...... ve ee ee os Cue ee 87 
Speed of vehicles in... ... 0.0.2.0. 000000. 600 88 
Trees and shrubbery, injury to ......2+.. eee eee 88 
Unlawful excavations in .............. ses 88 
White persons, use limited to’ ..... 2... . 0 uy 87 
Walks in. 2... ccc. ccc dees ons ome all bee “ _ 89 
Crry ENGINEER: 
Notice to property owners to connect with sewer......... 39-40 
Permits for sidewalks issued by....-- «1. =e 120 
City ELECTRICIAN : 

Appeal from decision of ....../......+..0..) eee 54 
Order dead ‘wires removed ..-.......2... 0) seen 53 
Record kept by «0.0244. .000s se ess case eee 53 
Regulate and inspect wiring poles ..2...-.. eee 51-53,106 
Removal of poles on notice by..........200 eee 53 
Removal of wiring, notice given to.............0ccscsee 54 
Right to enter buildings ....../......0++s. soe 51 
Violation of orders of.......0J200.0. tse coe eee 54 
Zone on poles alloted by........+..c++ cece eee eee 53 

CLAIMS: 
Presented to) Claims) Commutteele--)e eee asta 9 
CLERK oF City: 
Assessment book, cost of sidewalks ..................00- 22-23 
Duties, pay and bond! of... .s..ss.sesee ee nee eee / 8 


Ciry or DurHAM 


CLERK OF MARKET: 


MEM MCGMNTIMER SES os Oe nea s oa: coe ceted one tees 


CoMMITTEES: 


DETUEREIR CELE EO (0) Ae a ed 
UELERS, CEES Ch Eg ee ae Oe 
Pigined, Gas, Gene en ee ns oe ee oe 
NRHA SEO oc 2s MRSA ac Feed ee PRR sae 
ME ARPGEEEIE SHOT woe cichae iv 0+ o biaySce wee odo wes cisoela Ge RNs 
DTIRREL CIEE Ry ee ee en ae Renee, Seon ee 
EEC OMRST ICS OTe Sivas e 6 die o's ete Seis MoO aeToe eR oe 
Panticeliealtn GHtles, OF gsc iic ssc docs dak ee ce oben en 
PSE MGE SHORTT WIENS os 5,0 c.60.5:0 ao dS bie ble vo es aves 
STEEES. CULES WE) |S) ee ees mee ea ee 
SH LCILESe, GEST RTES C0) HRS OS Seen ae 
iauedinperelected Dy ballot 2: .i2c0...5 6. eee cb ee ches 
RaCettbmtyOR APpOINtS, .. <0 5 c226 ets Vests cancee cee 
OE CTECIICS VOL. «oes c wile oso cies wes s's/0 bs. sje peeest 


Costs: 


MEWREONOW SVAGGINENE 5 oi. 5.5 .se. ses cece jeccecsess ee 


CrowDs: 


Noarto opsiruct sidewalks ©... 00.00.00. csessceesees 


CULVERTS : 


DES SETGROR Oke Coane es Con aeae EEE econo 
MTU PASMTATIIEATEN o7s.0 co opolc oitnic soar e c\oreieroreeteoe "ome 


Dance Hatts: 


ES RMBOM ES OLE cir, «thee be NGG es 5.2 Wiens Meee eee Gee 
LOREISS GSTS ASR eae eee ESC ee eee earn Aa 
PIG: o> Gio oe eae eee eee oocormiacs oe 


DisorDERLY Conpuct (See Lewdness, p. 66) : 


AuNoOyine strangers OF CitIZENS ............seeee-e 
Atapublic entertainment -c. .2 326s ssiescie svees cae sess 
ewd women on streets .....2..0s<s.cccsseee+ ccs 


IDErensonve Guys how Executed: <<. 0.2 0c5eee. cee ees esces 


DisorDERLY Houses: 


Keepines proibited  22.\oce 2c Sons secctene nwt 
Occupants refusing to open door to police........... 


Docs: 


Ballsdops on street muzzled. --..2 520.6 ---e-- een 
Bull dogs unmuzzled, impounded .................. 


PAGE 


Or 


INDEX TO ORDINANCES 


PAGE 
Collars’ for ......0cs000000ae0 ce so au ely ler tee 91 
Failure to list 2.0.0.0 s0s ede sce ee eee ts celle eee 91 
Fees on impounded dogs .......:.-.-> «+s ==) 91 
Tyicense taxX OM oc esses ee ss a e:s alete carers sete) e er 92 
Owned by non-resident 5...) 000. 20-ls ss) «eee eee 92 
Pound for provided ..\.)..4:.oc-- niet eee Sid lay etaae 92 
Proud bitch prohibited running at large ............+.....- 92 
Taxes, listed for... .):. Gace qe donee set oer 91 
Unlicensed to be killed ....0...05.% 2.00 «ce pile 91-92 
Unlicensed to be! impounded! . 3. .2.... «12sec 91 
Drays: 
Defrauding drivers Of..........+.+. s+ ene 79 
Licensed and numbered ................00s eee Eee 78 
Speed Of ...cscedsseeceecteccee cee dena 15 
Tolls and charges of ......02....s000. +500 78 
Druccists : 
Hours for opening on Sunday ..:......-- = eee 67 
DRUMMING: 
On streets forbidden ......0%... 4cc...0<6 0 eee 64 
DRUNKENNESS: 
In markethotise 22... 05ccc000000.5 sees eee 76 
In .Strectsa nk eee edie oe seba alee 0 dulce tee ae 63 
On foot or in vehicles ...........0...2 +60 63 
Sunday, drunkenness on ..2.....+..+<. 0h eee 67 


ELECTIONS : 


By ballot when ....0...00%.0.0006505-0 07 0 eee 7 
Exectric Licuts: 

Employees of Traction Co. vested with police power...... 33 

Throwing stones at, unlawful 3)2.04...20 see eee eee 33 
Exectric THEATRES,—how constructed and operated.......... 55-57 
EQECTRIC WIRING .Jelesccccu se ceeds nee ccguse oe 51-53 
EMIGRANT AGENT oo ciel sq ene meiotic ones 81 


ENCROACHMENTS (see Streets). 


EXCAVATIONS : is 
Abutting street or sidewalk, inclosure of................. 23-30 
Heighth of inclosure®.... . sou. eee see eee ee ee 23-30 


EXPLOSIVES AND DyNAMITE: 
' Fire works and other explosives prohibited.............. 64-65 
Gasoline, efc., how stored S242 aes eee «eee 44-45 


Crry or DurHam 


Gasoline, etc., permits for storage of........... PEN eee ie 
Gasoline, etc., underground tanks required when.......... 
Casoune vapor tanks location Of :.22..<6¢..cces+s ces veces 
SI DFERe CH Te (OS es ork ner ner 


Fairs AND FESTIVALS: 
RASHES NOL oo oa ec sis ciclo, o-speies= chasers Samet Mesa See KE 


Fast Drivinc: 
LU AROG VINE M111) 2 2 Sse Ao 2c oc c,cae este een ee oe eae 
LE FES): Gun COIR EE (0) 9 eee een Pe 
EimnemaimOrlere aninalees ¢ 25252 20)3,4 5. Set coe shoes tah es mts 
MHEEGOL automobiles On streetS .......0...:..0.6ssscnens 
Specdvon bicycles or motorcycles. .:..5....40.02.56scaeecs 


FINANCE COMMITTEE: 
CEEIGMHEIES, Ole soos oc viciclt c.- sisi els coins sos ones ees 


FINES AND Costs: 
Eliot? EDIE CRSC) oe eee es Sia eee ee a Pee 


PDR Cob ERTS ee SRG Be 


Fire DEPARTMENT: 


PPMP ISMUT VE! TISHE-OL WAY sc c.c5- oats soln cine soon ae pode: 
Apparatus, street cars to give right of way to............. 
ippanis Tot to be loaned! Outs. 2s eves daw ostom oo ave ooo oes 
ppaLatus, 1njiry tO OF CaLryines aAWaY.....c0.-.cccssecees 
Buildings when ordered pulled down....................- 
Chief of, absent duties devolves on whom................ 
iSiaetmodaninspeck DUNES 25. ole 62:.s15c:0(0 eye aye s0tsee.< oe 33 3 te 
Chief of, order combustibles removed ..................4. 
Shier of spect gasoline storage.<. 5.6.2.5 .5-ndeeees cess 
Miicimeimmominates Captains: 02%. \2. icc Haein nc oe eee ee 
Chief of, and other officers have police powers............ 
War Mice tl AG EAM ORIG E «cients op sizielaie oie 5 SiG lols aslovercioteie oid as save efe.e 
Fire alarm, other wires not to be above................. 
Baneralarine INterrerence With .t..2<.ccceseseccsscecceeswes 
BaseuC@ommittee tO SUPEHVISE 25.22 occ e ceva cw dec ee sone 
Fire and Police Committee to supervise ..............2-+- 
gees Viet OT cLOvALLGE 22) cya/svehec Siecle ee reisie me O eiesere 8 50 
Bires, intoxicating liquors prohibited at...............--- 
intremien) interference: with -.......c2-.lcsc+e.seenenlese 
Fire wagons and apparatus, only firemen allowed on....... 
EMS MG TVINEeACEOSS). Guie's.¢ oe soierelo Sterns © o dlolalelesala elm oSiecoje ve /eys 
MiHCEESIOn and their Cates: (ems «Sys low nis w dla CSG olete siniens 


Pemuissrom required to: leave City cjjsien ses ecatins ow os's' 


La | 


io) 


InpEX TO ORDINANCES 


PAGE 
Fire Disrricr: 

Boundaries ‘of 3........526sccc00cecce ce 0 ot 41 

Urinals and surface closets prohibited in................. 39 
Frres AND PREVENTION THEREOF: 

Chief of Fire Department to’inspect buildings............. 42 

Combustibles removed .....:....%..... 2+ «== 44 

Exit at Moving Picture shows ............2)eeeeeeeee 44 

False alarm of 2... .6sceceenec ee ews ocean 48 

Fire balls prohibited ...........5...0...2 «see eee ‘ 41 

Firemen at Academy of Music ........-2..0eeeeeeeeeeee 43 

Hot ashes, how removed ..........+:«««+ sien 42 

Not to be built within forty feet of buildings............. 41 

Police at Academy.of Music ...........0--.:eeeeeeeee 43 

Smoke stacks, how equipped .........%... ss senna 43 

Storage of explosives ............000.205 «<r 44 

Waste paper, accumulation of .............0eeeeeeeneee 42 
FirE Hyprants: 

Approach thereto not to be obstructed.................--- 23 
Fire Works: 

Discharge of prohibited ..........:...5..-25eee ee 64 

Sale of, in Fire District prohibited ....).2+seeeeeeeeeeee 65 
GAMES: 

Forbidden in streets and in Cemetery ............ssseeeen 64,88 
GaRAGES : 

To be connected with public sewer ...... 4... sss eeeeeeeee 40 
GARBAGE, when placed in cans...:.5.....-.0-. oe ‘ate 30 
Gas: 

Connection with main, when and how made ............. 39 

Property owner failing to connect |: :..... see Eee 40 
GASOLINE, Erc.: 

Hee eExplosiviesiee.. sic acs cee ree PRO: once s--- 45-46 
GRATING: 

To be of iron, ete. .60. obccccbdecec eee eee 19 
GuTTERS: : 

Not to empty on sidewalk ....<....e.g00- 4450 18 
Hacks AND CARRIAGES: 

Defrauding drivers; Off 000. ooc0 se sos See 79 

Drivers of to carry license number |.22..-0.5.- soe 28 

Drivers soliciting passengers at Union Station ........... 83 


Minors under fifteen prohibited from driving............. 82 


Criry or DurHAam 


PAGE 

EA on UMMMMBU OCU ray cte tievesiene sf sc:slcieis aie ee cheeses Deke een Rica 82 

Persons unauthorized prohibited from driving............ 82 

Eiblicwto be licensed and numbered’ /........+2-02-6+00- 78 

SHAS WAIN He Tatts a een ee Be eer aie eaten 28 

Semele omit SEESEb «scree < ociesoleiesepeielecersyeiens ovelaccle obese oye 82 

Mvolismandincharee@s: LOT Ac... 4.c:-.ceclss vieo.c ote opoiale able 6 sien cielee’s 79 

Tolls and charges, rates to be posted in.................. 79 

Winattended:onistreet: prohibited | ..5. 0.20... 5.05.05. cee 19 
HACKMAN: 

Hauling or soliciting for lewd purposes .................. 65 

WPisenSemiovarOtteitedier. << 2 sarsad< eels cis aa oe oo ear oe ears 66 

Soliciting passengers or baggage at Union Station........ 32 
HEALTH : ‘ 

EMCO UAL OM OLA Bee cesta tare werais aye vscaisve v dias « slccs o,ches te weveye 90 

Bxpenditunes, by Committee on .......¢...00.+-s.<c asus 90 

SMmpEemMisionuby, (Committee OM... se. sa. s+. cccecce sneer wee 90 
Heatine Devices: 

Hestenlllcariro tine Olina Ria far-ect shagelatsie oi ww adic hahaha aaa ketal acde 57-62 
Hotets: 

Sale Of cigars, ete, to guests on Sunday ..........-....- 68 
HyprRAnt's: 

EiGemiyciGants) ODStEUCHOM Ob .s...ccuccnmenerss neces cee 51 

MWiatemrronl discharged in SUtteGs a1... sasss-c4ensnece ess 33 
LEN DRGEN OORT VULGAR LANGUAGE Wn. « sce ceicaeead oc ccs Dele es 63 
ItrINERANT MERCHANT: : 

Salespyeat public ottcry prolkibited) ssss4.cceses-ceteases « 80 
JunxK DEALER: 

Piinchasesm enon minors: promibiteds sss. seces. ae a2 6 cleat 86 

Purchases between sunset and sunrise prohibited ........ 86 

Record and report of transactions kept ................. 84-85 

IMDISE . GiB: Pd.c SERS ONE CR RG E ETE CPE IBC eno ee ee ee 85 

Transient, engaging in business without license............ 86 

MeGATISTE MELT CEMSE: Lane Olle hein aie ciaistoree oie. velar © tvs aie erchons 86 
LEMONADE STAND: 

iINopallowedwony Main! Street) coceecaase dees es chiece «cc. 19 
LEWDNESS : 

Kewd women soliciting on street 2.2.6... cecenesesesew ale 64 

Procuuine on mauling: lewd women 3...-..-.--ssa0-\085+- == 65 


Soliciines ton lewd women) 25. o=/-iclye sem aera cer epoubeieiet rele 65 


179 


180 


InpEx To ORDINANCE 


PAGE 
LicENSES (See Special Taxes). 
LicHt CoMMITTEE: 
Duties Of 000.000 c000 cc sists ae ce tieinleleie a eee 10 
Livery STABLES: 
Right of ingress and egress thereto on Main Street....... 24 
on: 
Entrance to not to be obstructed .:.......2+senmeeeeenee 16 
MACHINES: 
Exhibition of ..°..)..3..0d000e000cees-0es | err 79 
Market COMMITTEE: 
Duties Of 2... .ccsssieaceesseueecneseues ase 10 
Clerk of, his duties 20.4600... 60.00 sche nin crdllele enn 11 
Market House: 
Clerk of, fees collected by ......1......... ses pentane 76 
Clerk of, duties and reports ....... 22.0) eee 76,90 
Clerk of, to keep market clean ....:...... 40. 73 
Clerk of, subject to removal............- acces 77 
Dogs in, prohibited ..i.:....5.....0 das «080s see 77 
Drunkenness in, prohibited ......:...2....s05seeeeeee 76 
Filth, prohibited, in ....5.2......... seln- eee 76 
Fish, scales in drain or on market floor prohibited ....... 78 
Fish, where loaded and unloaded .....5...4.ee eee 78 
Fish, fresh sale of 2... 0.c0..0s000 40088 ee Th 
Fish, fresh sold) outside of <........... uses) 77 
Fruits and vegetables sold by dry measure ..............- 74 
Hours of ‘opening and closing ©.........-.5:sseeeeeeee 73 
Horses, tying to.prohibited -............. + senna 76 
Market Committee to supervise ........+-« semen 763 
Market square, obstructing ............-«.2+ see 75 
Meats fresh, etc., sale of outside prohibited.............. TE 
Meats fresh, etc., other places in City provided for sale of © 77 
Obstructions m, prohibited ...........:..-... eee 75 
Prices, unlawful combination to raise ........0-.seeeee 75 
Produce, how Sold) .to..0.4)d2k s2 o00 died ee 76 
Profane or obscene language in, prohibited ............... . 76 
scales, (Clerk ‘keeps .. 2.5.0.5. dacce sen oe ee 76 
smoking in, prohibited .............+.ees-e een 77 
stalls, renting Of 3... .c2..: se. cee seen eens te 73,74,77 
Stalls; rents of how paid ......)..c5:-e sees 73 
Stalls, only one to each person J3....).-.. +++ eee ee 73 
Stalls, sign over ..... wales ee wleletisiele ela gel el altlereie sine a eam 74 
Stalls, renter to keep clean... /...0 5-2 cece ede eee oe eee 74 


steel yards; use of prohibited’). ...5-2. eee eee 74 


Crry or DuryHam 


PAGE 

PNG LCES YO Lets: so ining 65.55 po cee Ia eae. 76 

Meretaitnce and. Nalanices. sos... «fis oe se pik < olelmlam es soplvelow deve 75 
Mayor: 

IUDDES GHRET At! AeA eeO CSE er eet es ets a tee ae 118 
MERCHANDISE: 

Merchandise, exposure on street prohibited ............... 13 
Money: 

LELEW? (BaUG! CTS Go oe Senne eae eer ie Prana eee ee 1i8 
Moyine Picture SHows: 

EMABMETAOMELOTOPEI ales: o.c.os sco cc eee « venta oh cletntions 79 

Canciietion and operation Of... ...5.6505..c0.0s eee ee ee 55-57 

Bie OW MU ICAL! Scere ede necacassvowsse eae 44 
MoTorcycLes : 

maproacuine Irightened animals. 2... co... s00eccssecbes oe 93 

ETM cate coe) ergs tists vaaricth assis creams : on 16 

LOE TIS OF Dp TIC Sige thee Cee gece ae eae aes ane anes 16 

SHEL G1 cociig@obeteeane  eee Beene a eee Sane 16 
NUISANCES: 

BamneGmwire accross premises . 2. os... ..cceee sss cen cece 69 

eater ECeMIIDLIC: UNSATE ovis wb eres - fs ss «sec teoeeses once 68 

RD eareee TRC S SABELCH Sacicin ti siscoe cia de os & oise'slo asain eee e Gees oa a 62-63 

Wisinesoiteand decayed flesh) 2 oi5.0s2. <0 us qoedwiess eats 69 

Seesnu-nand clothing. sale OF <......-.<<..c<enee oseue ee ciecgie 64 

Stud horses, exhibition of prohibited .................... 68 

. Urinating near courthouse prohibited .................... 68 

Waste and rags in water closets prohibited............... 68 
SE SaERE Me NCTEAND LANGUAGE: « «2/0: 0:5 o:0:0,016 ojo,0. cee ese dele wate state 63 
\GACGEN EM AIUERTICU MENTS cho. cess tale boas vases cciee ss vewcices 63 
ORDINANCES: 

“Mea. GSCI. SAS Sens OBOE ESO ae CR eC ROCRe ae id, 

Fee pire litter Tepe alec atts, lances Sewedcicc cee sesc ap beceeas se 120 
Pawn Broker: 

REEOROBATORLEPOLERO I ccc = 5 = 0/5.5/a.0/0/eje dame Gigeeierinitie echete et are 84 
PIPING: 

Kpestgects laid! tipon MObice: 6.25.2 sk sth eve eck k ee eee tes 30 
Pouice: 

Galli whistles and tunlawhul se Of ..o6. occ poses doccitteens 72 

SEGit, CHES (OR pe Gees Soe a eee ae erie. 69-72 


ROTI MO ITO OD © ay c/o boa.s.c isis treisvee ee & eeia 6 pr ES.S Suldiie Gel we res 69 


181 


182 


InpEX TO ORDINANCE 


Chief, to collect taxes... 6.55683.0050000 0 ocleehieeteEneenetete 
Chief, to issue licenses .:....<cc08s00+cs00 0 este 
Chief, report Of 3. cc0cc 00000 sie ae oa vim aloes ne 
Chief, funds in hands of ..............« 51 cee eee 
Chief, permits for automobiles and hacks issued by........ 
Chief, inspection of animals by ......-.-.---:eeeineneeEee 
Chief, inspection of public hacks by. 22... 2..1.-mieeniieeeeiene 
Detectives ....cccceeseeoecrcedeucees soe 00 ln 


Fees Of ..25.ecccies cess eda ces cae scleie cen 
License and special taxes collected by chief ............... 
Mayor to have general control of ......... eee 
Notify owners of clear sidewalk <.:.... ...-:eeReeeeen 
Organization Of 2. ..0...000000085 90 5% cin on ee 
Persons asstiming to act aS 3....+....-.« «00s 
Police'Committee; duties-o£-:...):.2.. .2 see 
Political meetings not to participate in ................... 
Resistance ot and insult to’ .:.:..+.-.-.. «cesta 
Secure offenders in guard house’..:....... see neeeeeeee 
Special police 0 ic.c..0.0ceeeec sos osama 
Substitutes occ... ccns cece rae salons oe eet ee 


Potick COMMITTEE: 


Duties, Of .....2c62.ssseecbaeete cece oo ee eee 

Inspection of animals by, .22..s-----+2 ese eee 

Inspection: of public hacks 2202.0... .0. eee eee 
Poot Rooms: 

Application: to open, 2.2 22.%%.20+<sseecees ee eee eee 

Closing hours wi. .66. sesisssasic ee sn os oe ee 

Intoxicating or malt liquors prohibited in ................ 


Minors prohibited in 


Cr i i eer ar 


PLUMBING AND PLUMBERS: 
Bond of plumber 0.05. sc. canes coe oukueee eee 
Connection to sewers made only by licensed plumbers.... 
Damages, plumbers liable for 
Rxamination of plumbers 2... sss2eeeee eee ee eee 
Jcense of plumbers 3.....00..0 00s 0. seen ee eee 


a a rr? 


er ir oy 


a] 


Ce er | 


Ce Ce er er | 


City oF DurHAam 183 


PAGE 
PLUMBING INSPECTOR: 
PA MNOMIMILEINE MOM breuhapcvelavete lait val «raze «tate e¥etesyavareaela era eles wim erok miele 96 
WWTIESIOLs ck sss nava es SATO eA Cuoco sete oO rO Le 95-97 
Garage, inspect sewer connections of ............0..0+00- 40 
IFIGeISeulomlexCavatlom jSSued, by: = enemies sie sen emai 20 
Notice given by to connect with sewer ...............00- 34 
Notice given to before covering sewers ...............0.- 96 
Plumbinoawork, approval OF .. lsc sa dees selec ey «seis 97 
RecitmOmentery Dal dimesS) ss..-4 a.vese sete leleld eats o eemioes 97 
Pusriic BuILpINcs: - 
intoxicarineliqnior prohibited im... 0.0.00. +ecee saecee. 65 
Pusric FounraIn: : 
HeMotaroube thrOwmMit. <a ose. cine nscmss eeellee se ace 33 
Washing clothes or vegetables near ................00000 33 
Watemnotto bewtaken! trom im barrels 2:.2-..0:2.++e+ss 4. 33-34 
Pusiic HrayrH, Committee and Duties of.................05- 10 
HEUDRGIEUANSIONGREMNGE) NON 3 50h syaverstaretorsa) + els lsié sis ¢b0'5 elea nia sim oe eistonceyays 11 
RAILROADS : 
OGkIMewstheet, GCLOSSINES Ganka. sss es pdue viviivnne cess fees 31 
Blowing whistles in City prohibited ..................... 35 
Bumpers posts maintained when -........c0.scess+c+seece 37 
(Ciliventsatoybe. maintained <<.cac.0. osas vaulieecoes cosets sie 37 
Flying switch prohibited at street crossings ............. 36 
(GriresmaimeStheet, ChOSSINGS. .sicias se + visi slerelawod lomeewel cele 32,36 
Ntimpines om or off trains im motion |....--ie-....e.+em-e es 32 
WOME Mem Ole MpPOM. CaGS! . <a. .)sa1 vslocie siecle sis niceielsiate 33 
Persons crossing after being warned .............0eeeeee- 32 
SM CCC MOemitIn Citiyalitattsy.. ¢ ssc. cle eraraccttdloel « ealecielens asiets 31 
Street crossings kept in good condition ................. 36 
Use of tracks as walkway prohibited ..................05- 35 
RECORDER : 
EGS OF oo dO GE RCO ORI Ns De EG en ae eC reer terrane 119 
Nridemaentss MOwaemtOLCed \...scietseg ee cele ces oe eter w ese oce.4 119 
RESTAURANTS: 
ANpypllicaisiorn, HO INCSIKO avodaeunds doddodduaddedacadopooDo 78 
Intoxicating liquors prohibited in ...............000e eee 67 
ILNG@QUGS: TSE CHOU A ee ER eae aes GEE Ee Sm en Ge Cem 78 
DEAUMMOEME © IVAN Ya UNer Facis Goon aicti evsiboncanle: cueidisjauhecacbraliepsyspaintores 118 
Seconp Hanp CLoTHrnc: 
Sale of, prohibited ............ Na TER EME eit ty EUpce eve 64 


12 


184 InpEx TO ORDINANCES 


PAGE 
SEWERS: 

Aldermen .to. control . 0... ess 000s 000 +e 0159 sane 94 
Base-up pipes, support .of .......:...<.2<.40se eee 104 
Barn. drainage. o.....s000 000 0s se see oe 260 ce ee 105 
Breaking. of, injuring pipe....--....+-++-- ene 34 
City Engineer to give property owners notice .......... 39 
Connection when ordered by aldermen ..................- 34 
Closets, how placed and connected ............0sseeeeeees 102 
Connections, how sade... .5-e-e ee eneeeee aah ches 34 
Defects, concealing of, penalty for ...... 2. eee 106 
Disconnection, when ordered .......... . « «eeieieeeteneeeneene 103 
Drain pipes from! refrigerators, efc. 7... .. enn 103 
Drain and vent pipes not to be’ tapped .--..--==sneeeeaee 104 
Drain or sewer pipes, how replaced ............suesmeen 104 
Exit pipes, nature Of .. 0... .icce eee clea oo) eee 103 
Exhaust steam prohibited’ im <...... 0. +e seen 103 
Fixtures, how trapped ......00.0.0..0..0+ ete 102 
Fixtures to be exposed ’.:.......0.+.5-+4- eee 103 
Flush tanks; material of ..,.....0....+0 > 0s) see 102 
Gas works, discharge from prohibited in ................ 103 
House drains, size of, etc. ............+.-2 see 98 
Inspector. .of,. appointed ..-2.........26. see ene eee 94 
Injury: to. public sewer. ....2.0.. 2: 6.06 cce ee aeons ‘ 103 
Inspector to approve material and work .............. se e106 
Katchen ssink and. bath tub) drain from 5... eee 38 
Manhole putting substance in’ -.-...2..22- ee eee eee 103 
Materialland work,class of 5... ..-.- 4.8 Past 106 
Metallic pipes not placed on electric wires ..............- 106 
@bstcuctionvot esse eee eee nee aa ee 16 
; Ordinances, violation of ......2.5..2205 Jee eee 106 
Permits for. .conmection........022+- .66ee eee 97 
Property owners to. connect with ->........2s2 sees 37-39 
Property owners outside of City may connect, how........ 38 
Property owners failing to connect ..:...... 0. eee 39 
Plumbers liable for damage to ........-- 55000 seen 97 
Public drains! ‘obstruction proluibited” 5-22... 2 eens 106 
Repair job, what constitutes 255222: .02..-255 see 105 
Re-vent pipes when omitted .......... 4.0. -seee eee eee 105 
separate closets i ...4s.i usc camera oem e nee 105 
Slit joints; when permitted |...) :.2gedecee seen eee 105 
second-hand material prohibited .............:.. eee 104 
Separate traps for fixtures ...... 44-0 eee ee eee 100 
Separate connection -.6iiictibssriiehisee sce: ase 98 
Soil pipes, material and otles -{2.-eeee eee eee ee 98 
Soul pipes, isizeiof 45.2, 088 nena wee 4s diouct a See 98 


City or DurHamM 


MGMMEPIBESs MOWPSeSIned .5.6..55.asercus sacmeuestces seen 
Soil and other pipes when a nuisance ...............0..- 
ROLE PANE Calan oY aes ts sa vrsucin caw enos Pees one Seek 
Migtoncm cAtenial Ol paws ses scans deo et eee ee 
Wiekitanipes eiiatenial Of ys 2s4.<4o0cs nota dwee nd ok cuore 
Marmipipes- flashing: offs wih Ses! ioe andl iaty: sats Sc eae Eee 
CIEE PIPES! HECRMIMNALION (OL “Sees sic clos ce valet lees ceoeses 
Wetlespipessteduced or incréased’ .i 2... /2..00h- <> os ene et 
MigasremacrcMvene IpIpES ices ..s cs ccce ses smaemes «se cices Seer 
Waste and vent pipes, how connected .................-- 
Masteipipes extended above roof ....:..ceseesess + oecesse 
Mioaden sinks, etc, prohibited .....2..ccse..ccescsecbews 


SHOOTING IN City: 
(SUITS. TRE EGA SSE aC i ee He CRSP eT a 


SIDEWALKS: 
mssessmicnt: DOOkK to be Kept .. i. 4.2.2 sees cade cass cite ches 
PRUNE SMS DOLEIOL tate een wibiee cis SES, fale Piste Heme waerete 
Banana pealings not to be thrown on ................-2. 
Encuclessnoteallowed On <..... sarees eaetlwleel. oss Vaee «cede 
Bitekeneplaced with CONCTete «..y...... desccceemeelimeceuples 
Cleaned and sprinkled on certain streets ................ 
Wrmenere now GOnStructed ©. .......<.5.< ccs teins « ea newer 
WME IRGGECMEOSED OL Ma 2s o's, oe 6s 5 «6,55, 0:5, 0 4, eRe one eo 
Concrete, property owner to pay half of ...........2...: 
DESHI, APG OC a ee er ee tee cia a 
WirenestEeNCDes, CEC. FEPAITS OF « o.j.oecicceclewc wes ce eon 
Driverssot hacks standing thereon .:..2.2.20: sss: ssn 
Buelosuce while erecting building .......2......0..0<+06 
Excavations, abutting to be inclosed ............... ee ae 
Canpasemon nash not throwm OM ss. 2c.se.encesat esses 
ERIS OMIICPEMCOWVIE. OI o's oe sw cw als Sassi coe earwes oe chews e's 
Grating over basements and cellars, material of .......... 
Carrerse nary LOMEM pty OW bs. Sale oee de cseie ace woe SOE d wie ee 
BROGSE Serr All OWIEGs OL yaia,.+- wisieheloveres oe iw rce ss Se sic ook, es 
improved, ordered by aldermen <...2-00......00..200%% 
imaproveds ‘cost of to be reported 2.2.4 32..20...0060-00- 
inipmovenent and: repairs. Of <.0t aoc webs ov alcleceesices 
oosesbilll, boards, prohibited, on. t.<.2 220... 6512 Seec2 2. 
RS isIE TO MESMOM po gory. au. eee KANE Codi aoe cette Vid be Meee Sate 
@ihctwctians. on tovhave sredtilieht . 20... se jcoee eke 
@bstruction of by ‘building material. ....-000......2 50. 00 
Piping placed thirty inches below profile ................. 
Produce, merchandise, etc., not exposed on ............. 
IReamaLSmiOLsTequizedmrts jos eee tee oe se aie acre aes Sea ee 


22-23 


185 


186 InDEX TO ORDINANCES 


PAGE 
Plumber to repair «0.66.10 sis:e 5:2 e0ccec'e e's 2 hhslalelate ate al 
Plumber liable for damages ............. J. - eee 17 
Repaired on notice .....0 0. eee ee cle + ele ele 17 
Scaffold over required, when ....5..5..00. -cenieeeeeenan 116 
TeMpPOLary. ics ive wee tele eee ere ccetelayee ote 21 er 116 
Wagons and other vehicles stopping on prohibited ........ : 15 
Sicns oR BANNERS: 
Suspension over streets prohibited ........ 2..cmiimeeeeeenens 22 
SpEcrAL TAxES AND LICENSES: 
Application for restaurant © .... 2.2... «-) eee 78 
Automobiles) 2. hcsee sone SOMME sans 83 
Bill Posters ...0...cc00. 000 cece eee ce ee 80 
Dance halls 2... ccc econ sce ee ne oscie ce ee 81-85 
Dogs. oon cccc ev euceeee ce ceeeacsemac oc. lle 92 
Hmignant agent sce caress crite eee nv. a: oer 81 
Flowers, transient dealer im ......... 5.25 5seeeeeeeeee 81 
Hides, dealers in raw and green .. 2.2.2.) oe 86 
Junkwdealers) icc eeeeceee eee Lees ede ed 85 
Machines, tax on exhibition Of ......2.5.-seeeeeeeie 79 
Pressing iclubs) . <i... seh oeccn ee eee Sc dick cn 84 
Restaurants .....::.:s0ceGs0eks sos eee dee 78 
Sign painters ........s.sse00s ss) aca ene eee 81 
Shoe shiners on streets... c6.)..0..0- «cs olcierle eee eee : 80 
Tailors, etc. 2.00... ccs dea cee es aa voce hee ee 84 
Trading stamps... 0.500002 .00s0050aceqss tee 81 
Transient dealer in junk ........7.05.).2-2 eee 86 
When due andipayable +s nse essen eee ae eo 86 
STONES oR MiIssILEs: 
Throwing at poles, wires or iights prohibited ........... 33 
Throwing in streets prohibited -....... see eee 64 
STREETS : 
Advertising matter distributed on prohibited ............ 27 
Bricks, stones,. €t¢.,, im \....0.¢.0. 2.000 eee 13 
Bumper posts, railroad tracks ending on ................. 37 
Carriages and other vehicles unattended on ............. 19 
Culverts railroad maintain proper 1.......-.. 020) eee 37 
Crowds not to obstruct . ..... in. ce ate seeine ieee 19 
Ditches, trenches, etc., in repaired........ Pe sc 21 
Ditches or trenches dug therein ....255..-...04seeeee 14 
Bncroachments ponies... eee eee OR sic. 2c 12 
Excavations abutting on) imclosed)=-ene see eee 23-30 
Excavations therein license ton >s.2.4..-:eeo eee eee 20 
Excavation in failing to obtain license for ............ 20 


Crry or DurHam 187 


PAGE 
imivine. switch prohibited’ across .:...23.0<2n0eess e- deoeuee 36 
Garbage placed in cans ......:..... SE ce aeeee Bic ores Be 30 
Glass throwing in prohibited ......5...:..1....- PAG 13 
Hem MeNEp UO EREES OM. crhaie « ails.anais easy eran eoane har onay oven eto carte 14 
New streets, survey thereof submitted .................. 24 
Whrsoicnonsrin, red light ion: 2 c.cc<ccceeh vanes ate sneer 20-21 
Rapimestiinty inches below profile ...22..-.....-2-.-++05--0 19 
Piping and wiring laid before macadamizing ............ 30 
Ptomberwablefor damage to i.i.c2..-0c.+5.20.e cease 97 
Railroads, maintain sufficient. culverts: .................- 18 
Radinoddekeepl up) crossing’ Of. 2245. f si. sonoue- cee encess 36 
MRIS MMONETAS MATT Ree ea. «)c-.5s.45 45 f-eeretc olsisiemna to eeiames 13 
Sand or dirt removal from prohibited ......... Sa se 14 
Shavings and other fuel burning in prohibited .......... 41 
Signs and banners, suspension across prohibited .......... 22 
Sohetimetrade on prohibited /. a... 5... ee veces sees cs 64 
Street Sweeper to have right of way ...........:.se.+.+- 23 
Micowime stones, etc: i prohibited .......2.. semes-ocdec 64 
Mrachiom Company sprinkle streets ...3..-.sc.cne. cea. se 94 
SMiRceCMeCILIzens, may plant 20s... oles caches dade clare meran iene 14 
Welicles not: to be left unattended on .............-+--- 23 
Wieicles-torgoto the right “on... 2.2... 06. ed enene re eee 15,27 
Wagons hauling dirt, etc., how constructed ............... 31 
IWa@dl, Goal, EWC Nil AAR Go eee oe nec 6 resin MeReeae 13 

STREET Cars: 
Automobiles approaching to slow down and signal........ 27-28 
PeeMEGIORAMONny UMlawiUl 22.4. oo. - ences seem oe clatter me 94 
Ememappanatis ave right Of way ...2.se0:----.- eee > 50 
Fire hose, driving over prohibited ......... eit eat S. 57 
Heiehtened)animal approaching 22.03 seccsede- see ce een ns 93 
assene@ersenerusing tO pay fare f4..-jj2-03s0-c--.care- 93 
Smead), FAC Oil Gre Weenies ae Oe ees cs aa emer Rear 93 
SErecisausedibynto be sprinkled! =. .5-220.s--6--- cscs 94 
THESDESS Otwade ue ebbee oOo OD SOE Owan oon r epee nec aaaaeee 93 
SrreEtT CoMMISSIONER: 

Accounts examined and certified by ..................-2:- 17 
FO MOMATEC MOLE CELIO IN Olle co a erayeseyctels were ls elevate) clever eyes cys eae) ereveyeve il 
(Giradle: iG GeEeG Ieee ot Bob DDORs CR DOOR a one eee e aaener 17 
Mem ADOREGSe eiicicc.e cis afe's we nlevelars SECC MO Oe 40 oe aatee 11 
Tmsaeei Die Bouasgedcooooneoe Jo dh noldseoeruaenarence 21 
Notice to owners to clear sidewalk ....................--- 12 
Notice to lot owners fo trim trees ......-.-........-:-- 16 
Notice to plumber repair street or sidewalk .............. 17-20 


Not to enter on work unless ordered ..............------ 17 


188 InpEX TO ORDINANCES 


PAGE 

Piping in street indicate depth of .2...2..2-5.—eeeenne 19 

Report cost of improved’ sidewalk .....>. 72 Ac) damien 27 

Requisitions for supplies ............:.:..+ 45> 0en 11 
SUNDAY: 

Barber shops opening prohibited on ....................- 66 

Billiard and other games on prohibited .............2.25.. 66 

Conveying goods or wares on ...........--s0eenieee 66 

Disorderly assemblage on ...........-.=+-.*=)s:ne ere 66 

Drunkenness on, penalty for ......... 4... 0598s 67 

Druggist opening On ......0....+s000++ + 50 eee 67 

Merchandise, sale of prohibited on ................-+---es 66-67 

Police duties of OM 26 ...cc sce dsiee 00s en cme 66 

Restaurants may open on. ............-.«-0s sees 67 

Whiskey prescriptions on ..............0. see 67 

Work and labor on ...... 050.000.0000 Je) 0) rr 67 
Tax COLLECTOR: 

Assessment for sidewalks docketed by ................... 23 

Collect cost sewer connection ....../...... 2. see 39-40 

Collect cost of concrete sidewalk .........2.:- eee 23,25,26 
TELEPHONE CoMPANY: 

Stones not to be thrown at poles or wires ............... 33 
(TRADING * SPAMS 205. 7-3- Ses eee Eee cls 81 
TREASURER: 

Duties, bond ‘and pay of ©. 00.0... occ ccs oc etne ee eee 8 
TREES : 

Citizens. may plant .:......00.2 «deo. 5 a eee eer 14 

Injtiries to... 60. ol ese eke oboe 0ee ooo eee 14 

Lot‘ owners to trim .....0...0..8.05 7000806 eee eee 16 
TURNKEY: 

Reesiot och astes Ac0 .céke oat cee eee yo neon sone 119 
UNIon STATION: 

Advertisments posting on prohibited .................... 35 

Alms soliciting in prohibited: ..5..2.. s-saesssse cee 35 

Expectoration on floors or walls of prohibited............ 34 

Hackmen soliciting passengers or baggage in ............. 32-33 

Hotel porter and others soliciting business in ............. 33 

Injury to building ‘orptoperty of 2320.2... eee 34 

Intoxicating liquors drinking in prohibited .............. 35 

Loitering in building of on platform) >..-+.-ee see ae 32 


Station master vested with police power .................. 35 


City or DurHAmM 


PAGE 
Bhovlerspanguclosets IM. WSC Of sis... cc ice ves csccesSeuwe 34 
siiGeGPASSeOMPLOPCELY, OF esc aes ches saves swe scuiwesen ce 35 
URINALS AND SURFACE CLOSETS: 
rauioied@rnm shire: IDIStHICt y..5 2 <2 ocd stasw soos ws wea 39 
VAUDEVILLE SHOW: 
EMHASALOUMTORODEH cmoti ers a Gok et osx nek su dake SL eee 79 
VEHICLES : 
Automobiles, unattended, engine running prohibited ....... 31 
Driving over hose prohibited: ... .jss¢5.- hn... ssc d we ene: 51 
DRiVeEs OF CLOSSING SHEETS! 2 saree ac ete stale este soa nvari oe aes 29 
Driversvor meeting so) tO. Tight, 2 j:at 2 ce ccccs soe cdece ss 29 
Drivers of not to stop with left hand to curb............ 29 
Drivers loading and unloading: 2. 62.022. ..23. seg sess 29 
Drivers overtaking other vehicles pass to left ............. 29 
Wrversuovertakine. street CavS: cas... .ck skies cae eavese oc 29 
Drivers of public licensed vehicles, age of .............. 29 
Drivers stopping on Church, Mangum or Corcoran Streets 29 
Diiversstop at nicht hand: enEb! 22/52... nes ceies Sak «oc e ee 29 
WERIMERSMEMRUING \CORIELS: < . (otc 8 cic cs ed ccreeiteee cco sleanes 29 
DriversiOr public: wear badges. ..<..<.0.' cece eek edeueveek 83 
Drivers keep near right hand curb .......2..00c2.se-+-00s 29 
Se f® Gln Woe po AAR ROE OS Ea eae ieee eerie Seer 15,27 
LESTERTOM OL oy ehilol eo aeeidl aD BEM Ocoee Gomer oereT 83 
INoE to be left unattended in street ............25.00000-0- 23 
STGaG, TAGS LS Se ie ae | i ee 29 
WATER: 
Connection with mains how and when made .............. 39 
ReincetS oO: to run except fOr USE ....:. 0.22. feecceusscnws 34 
Property owners failing to connect -......:202...-cs008 40 
Water CoMMITTEE : 
LIGHiGS OF 2 CS CRE GRR Spee SIcor certain en eta ani is 10 
Wacons: 
Wirattendedson streets. prohibited .....25-...25.+<-ce05 ee es 19 
WINDows: 


Washing with hose prohibited on streets ..............--- 22 


189 


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